Cleveland-Marshall College of Law

Evidence Law Resource Guide

Introduction

Rules

Statutes

Case Law

Major Treatises and Practice Guides

Specific Topics - EDiscovery, Experts , Scientific Evidence, Attorney/Client Privilege

Study Aids

Journal Articles and Current Awareness Services

Web Resources

 

For resources specific to the law of evidence in Ohio, see Ohio Evidence Resource Guide.

For resources specifically on Scientific Evidence, see the Scientific Evidence Resource Guide.

Introduction

Evidence Law governs the admissability of testimony and exhibits at trial.  The main source of evidence law is the rules of evidence, promulgated by the courts and approved by the legislature. Federal courts apply the Federal Rules of Evidence, while state courts have their own rules of evidence, for example, the Ohio Rules of Evidence.

Additionally, there may be statutes governing the admissibility of evidence, such as Ohio Rev Code 2317.02 regarding privileged communications.

An Annotated copy of the Evidence Rules or relevant statute is often a great place to start research on evidentiary issues. You may want to do a search in a case database for an evidence rule number, plus additional search terms. Many treatises are organized by evidence rule number.

Please contact the Law Library's Research Services librarians during their Research Services hours, or via email to research.services@law.csuohio.edu for additional help.

 

Evidence Rules

Federal Rules

Annotated (include case summaries and citations to secondary sources)

  • Westlaw - FEDRLSEV
  • LexisNexis - USCS Federal Rules of Evidence.
  • Print ---
    • United States Code Service (USCS) - Lexis- KF62 .L38 (Reference area) - Rules volumes at the end of the set.
    • United States Cod Annotated (USCA) - Westlaw - KF62.5 .W45 (Reference area)- at the end of Title 28, after the Rules of Civil Procedure.

Unannotated

Federal Rule Amendments

Rules are created and amended by the judiciary, with a comment period for the public, and opportunity for Congress to reject or modify.

State Rules

Unannotated

Annotated

  • On Lexis (Find a Source) & Westlaw (Search for a database) - try "(name of state) court rules" as a search. ex. Florida Court Rules. Check for the library catalog for print copies, contained within annotated state code sets.

Uniform Rules

If you are having trouble finding a case on point, you may want to look at cases from another jurisdiction with a similar evidence rule. Most states have adopted the 1974 Uniform Evidence Rules, and only one state has adopted the 1999 version.

  • Uniform Laws Annotated - Westlaw, ULA; in print, KF879.A45 U5, vol 13a- (reference area), points out which states have adopted the uniform evidence rules, how each state differs from the uniform rules and summaries of cases.
  • Uniform Rules of Evidence Locator (via Legal Information Institute) - Links to: state evidence codes that have adopted the Uniform Rules of Evidence; Uniform Rules of Evidence, 1974 and 1999 versions.
 

Statutes

  • Federal -- for example - Title 28 USC Chapters 115, 117 and 119 - via LII. A more complete list can be found at the end of Wigmore on Evidence, 4th edition, Available via CCH Intelliconnect,click Browse>Litigation>Wigmore on Evidence, Table of Federal Statutes.
  • State Statutes on Evidence (Legal Information Institute).
 

Federal & State Cases

Searching hints:

Search a case law database using the rule section, plus additional search terms if needed. You can use an exact section as a search term, for example "Evid.R. 801(d)(2)(e)", rather than, "Evid.R. 801". However, if the section numbers have changed, you will not retrieve all relevant cases. Also, if the court does not cite to the exact section number, you may miss that case.

  • Sample search for Federal cases:
    "fed. r. evid 803" and ((sex! /3 abuse) or rape)

Note that this search uses the proper citation format for evidence rules. To capture cases where the proper format was not used, you may want to add search terms like "evidence /2 rule /2 803".

Databases:

Use a case law database for the jurisdiction in question or a database specific to evidence, such as LexisNexis - Federal and State Evidence Cases or Westlaw FEV-CS . On Lexis (Find a Source) & Westlaw (Search for a database) - try: (name of state) evidence cases.

Shepardize/Keycite an evidence rule to find cases interpreting the rule.

Federal Rules of Evidence Service; Federal Rules of Evidence Digest.  Callaghan/ Thomson West, 1979- KF 8935 .F4. Digest lists case summaries by rule number. The service provides full text of selected evidence cases, using its own headnote system.

 

Major Treatises and Practice Guides

For more, try:

  • Westlaw: All Databases>Topical Materials by Area of Practice>Litigation>Civil Procedure & Evidence
  • Lexis: Legal>Area of Law-By Topic>Litigation Practice & Procedure>Search Analysis, Law Reviews & Journalas>By Area of Law> Evidence
  • Lexis (Find a Source) & Westlaw (Search for a database) - search for the word evidence, maybe adding name of jurisdiction (federal, Ohio, California, etc.)
  • Search the library catalog for keywords. Alternatively, do a subject search for Evidence (Law).
  • Browse the shelf at call number KF8934- KF8935 (federal and general), Atrium, A066 and Reference areas; KFO 540 (Ohio), Reference and Ohio Room.

Federal
Multivolume Treatises

All of the following have annotated discussions of each evidence rule and are organized by rule number:

  • Federal Evidence, 3d ed. , Mueller & Kirkpatrick, 6 vol., Westlaw -- FEDEV; Print: KF 8935 .M84 2007 - Reference. Updated with pocket parts. Well respected set, frequently used by practitioners. Legislative history appendix (documents issued by the court and by Congress during the rule making process, as well as proposed but rejected rules).   
  • Handbook of Federal Evidence (6th ed.), Michael H. Graham, 5 vol. Westlaw - FEDEVID; Print -  KF8935 .G68 2006, on Reserve. Updated with pocket parts. Unique advocacy notes feature which contain citations to state cases for instances where an issue is not completely explored by federal case law.
  • Federal Rules of Evidence Manual, 9th ed., Stephen A. Saltzburg, et al., 6 vol., LexisNexis,  print: KF 8935 .S24 2006, Reference, updated by pocket parts. Includes legislative history; case law diverging from the text of the evidence rule; "trial book", a quick reference volume for trials.
  • Weinstein's Federal Evidence , 6 vol., LexisNexis, KF9835.W39 1997 - updated looseleaf. Appendix of historical text of rules, table showing differences between federal rules and evidence rules of each state and military adaptations.

One Volume

All of these contain concise rule by rule explanations with case citations.

  • Weissenberger’s Federal Evidence, Glen Weissenberger & James J. Duane. On Lexis, print: KF8935 .W4 2009 (6th ed), updated by pocket parts.
  • Weinstein's Evidence Manual , Jack B. Weinstein & Margaret A. Berger. On Lexis ( Current updates), Student Edition in print:   KF8935 .W4 2003 (6th ed). References to the much larger Weinstein's Federal Evidence multivolume treatise (listed above)
  • Federal Rules of Evidence, 3d ed. / Paul F. Rothstein. On Westlaw. Print: KF 8935 .R66 (annual). Includes legislative history.

General - (Federal and State)
Multivolume

  • Wigmore on Evidence, 4th edition, Available via CCH Business and Finance - Trial Attorneys tab. Print: KF 8935 .W531(current). Comprehensive and well-respected set on all evidence topics, federal, state and uniform rules. Style of writing is dense and academic.
  • The New Wigmore : a Treatise on Evidence - CCH Business and Finance - Trial Attorneys Tab. Print: KF 8935.A1 N49 (current). Expert witnesses, privileges & a few other specific topics.

One or Two Volumes

  • McCormick on Evidence (Kenneth S. Broun ed., 6th ed. 2006) Print: KF8935 .M292 2006, updated with pocket parts. Hornbook. Clear & concise.
  • Evidence law : a Student's Guide to the Law of Evidence as Applied to American Trials, Roger C. Park, et al, Print: KF8935 .P368 2004. Updated with pocket parts. Hornbook with brief, clear explanations.
  • Trial evidence / Thomas A. Mauet and Warren D. Wolfson, 4th ed. with CD-Rom. KF8935 .M28 2009. An advocacy approach to trial evidence. Organized by steps in a trial.

Ohio

See Ohio Evidence Resource Guide

How to prove something in court:

  • American Jurisprudence Proof of Facts, 3d ed -- on Westlaw,  KF 8933 .A43 1988 Updated by pocket parts. For various causes of action,  the elements that must be proven, model discovery and model witness examinations.
  • Evidentiary Foundations, 7th ed. /,Edward J. Imwinkelried. on LexisNexis, EVDFND. Print: KF 8935 .I45 2008 - A list of foundational elements-the events and facts you need to lay a complete foundation in court to get evidence admitted. Also, sample witness examinations to establish foundations.
  • Student's Guide to Elements of Proof, Ronald L. Carlson, West 2004. KF8950 .C37 2004

Selected Specific topics

The general and federal treatises may cover these topics, but there are also specialized resources:

Scientific Evidence:

Electronic Discovery:

Attorney Client Privilege:

  • The Attorney-Client Privilege and the Work-Product Doctrine, 5th ed., Edna Epstein, American Bar Association KF8959.A7 E67 2007
  • Attorney-Client Privilege in the United States, Paul R. Rice, on Westlaw, ACPRIV-FED and ACP-STATE. Print: KF8959.A7 R52 1999 updated looseleaf.
  • More at call number KF8959, Atrium level

Expert Witnesses - See Expert Witness Resource Guide, Books and Electronic Resources

 

 

Study Aids

 

Journal Articles and Current Awareness Services

 

Web Resources

 


JRN 11/2004 ; Revised 6/2009, SA

 

 


Cleveland-Marshall College of Law 2121 Euclid Avenue, LB 138, Cleveland, Ohio 44115