Search
Actions
List of Forms
Table of Contents
-
List of Forms by Chapter - Chapter 1 — Sources and Preparation
- Chapter 2 — Methods and Sufficiency of Proof
- Chapter 3 — Questions and Objections: Relationship of the Witness to the Form of the Question
- Chapter 4 — Hearsay: The Rule and the Exceptions
- Chapter 5 — Opinion Evidence
- Chapter 6 — Writings at Trial
- Chapter 7 — Privileges
- Chapter 8 — Physical Objects and Demonstrative Evidence
- Chapter 9 — Evidentiary Motions at Trial
- Chapter 10 — Judicial, Attorney, and Juror Misconduct
- I. [10.1] Scope of Chapter
-
II. Voir Dire - III. Opening Statement
- IV. Conduct of Counsel During Trial
- [10.12] In General
- [10.13] Discovery
- Commencement
- [10.14] Foundation for Impeachment Without Offer of Impeaching Evidence (Proof of Impeachment Rule)
- [10.15] Exception to Proof of Impeachment Rule (Proof of Impeachment After Foundation)
- [10.16] Questions Prejudicial by Implication
- [10.17] Conjecture and Innuendo; Insinuating Concealment of Evidence
- [10.18] Placing Substance of Excluded Evidence Before Jury
- [10.19] Improper Background Questions
- [10.20] Coaching; Distracting the Jury
- [10.21] Comment on Statements of Other Witnesses; Use of Demonstrative Evidence
- [10.22] Use of Party’s Family To Gain Sympathy
- [10.23] Persistent Argument and Failure To Offer Promised Evidence
- [10.24] Covenants Not To Sue
- [10.25] Insurance; Workers’ Compensation
- [10.26] Financial Status
- [10.27] Tampering with Evidence
- [10.28] Matters of Law and Rulings of the Court
- [10.29] Misconduct Toward Opposing Counsel
- [10.30] Objections by Counsel; Waiver
- [10.31] Finding of Prejudice by Trial Court
- V. Closing Argument
- [10.32] In General
- [10.33] Scope of Closing Argument Within Discretion of Court
- Guidelines for Closing Argument
- [10.34] Comment on Credibility
- [10.35] Comment on Law
- [10.36] Comment on Opposing Counsel
- [10.37] Reading from Ordinances, Law Books, or Unproven Transcripts
- [10.38] Suggestion of Perjury/Bias Not of Evidence
- [10.39] Comment on Evidence Limited to Inferences from Testimony
- [10.40] Comment Limited to Matters of Relevance
- [10.41] Remarks in Response to Opposing Counsel’s Statements
- [10.42] Introduction of Evidence During Closing Argument
- [10.43] Comment on Failure To Produce Witness or Testimony
- [10.44] Mention of Dismissed Party
- [10.45] Mention of Potential Parties Not Sued
- [10.46] Comment on Special Interrogatories
- [10.47] Comment on Settlements or Covenants Not To Sue
- [10.48] Comment on Damages
- [10.49] Comment on Other Cases, Verdicts, or Income Taxation of Judgments
- [10.50] Asking Jurors To Place Themselves in Role of City Taxpayers or Otherwise Identify with Personal Financial Interest
- [10.51] Asking Jurors To Place Themselves in Position of Party Litigant
- [10.52] Asking Jurors To View Themselves as Consumer Protection Advocates; Other Improper Comments
- [10.53] Comment on Race or Age
- [10.54] Failure To Object
- [10.55] Objections During Closing Argument
- [10.56] Cumulative Impact of Inappropriate Conduct
- VI. Contempt
- VII. Judicial Misconduct
- [10.63] In General
- Impartial Conduct of Trial Judge
- [10.64] Opinion of the Court
- [10.65] Requirement That Prejudice Be Shown
- [10.66] Ruling on Evidence, Extraneous Matters, and Duty To Clarify Testimony
- [10.67] Admonishing and Curtailing Counsel — Duty To Intervene
- [10.68] Intervention at Instance of Opposing Counsel; Curtailing Argumentative Cross-Examination
- [10.69] Admonishing Counsel
- [10.70] Evenhandedness of Court’s Intervention
- [10.71] Oral Instructions; Comment on Special Interrogatories
- [10.72] Cure of Judicial Error
- [10.73] Failure To Object
- VIII. Juror Misconduct
Authors
Civil Trial Evidence 2022 Edition
An IICLE® Online Library subscription is required to view this content. For more information or to subscribe, click here.