Cleveland-Marshall College of Law

Introduction

Rules and Case law

Major Treatises and Practice Guides

Study Aids

Searching Scholar and OhioLINK

Journal Articles and Current Awareness Services

Aggregate Files and Other Web Resources

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

Introduction

Evidence Law concerns the application of the rules by which a court determines the admissability of evidence at trial.  Issues include relevancy, direct questions, cross-examination, opinion rule, best evidence rule, hearsay rule and its exceptions, inferences, presumptions, burden of proof, judicial notice, expert testimony, scientific and demonstrative evidence, Federal Rules of Evidence.

Please contact the Law Library's Research Services librarians during their Research Services hours, or via email to research.services@law.csuohio.edu for help with locating or using any of the resources discussed in this guide.

Rules and Case law

Federal Rules

Federal Rules of Evidence 2006 (Provided by the Legal Information Institute)

Federal Rules of Evidence,  December 1, 2006 (US House Judiciary Committee)

Proposed Rules Amendments Published for Comment (Federal Judicial Center)

Westlaw - Federal Rules of Evidence ( FEDRLSEV ) Text of each rule of evidence, analysis, commentary and legislative history.

LexisNexis -USCS Federal Rules of Evidence

Federal Rules of Evidence Service ; Federal Rules of Evidence Digest.  Callaghan/ Thomson West, c1979- KF8935 .F4

Uniform Rules

Uniform Rules of Evidence Act 1999 (As amended 2005)   National Conference of Commissioners of State Laws (Provided by University of Pennsylvania Law School)

Uniform Rules of Evidence Locator (Provided by the Legal Information Institute) - Links to state evidence codes that correspond to the Uniform Rules of Evidence.

State Rules

Ohio Revised Code Ch 2317: Evidence from the Ohio Supreme Court web site. In print, see Ch2317 in Page's Ohio Revised Code Annotated ( KFO30 1953 .P3 ) or Baldwin's Ohio Revised Code ( KFO30 1953 .A4 )

Ohio Rules of Court - Rules of Evidence  Provided by the Ohio Supreme Court  - includes staff notes . In print, see:

• Andersons' Annotated Rules Governing the Courts of Ohio (KFO529 .A197 )
• West's Ohio Rules of Court (State)( KFO529 .A2 )
• Page's Ohio Revised Code Annotated Title 23- EvidRules ( KFO30 1953 .P3 )
• Baldwin's Ohio Revised Code Rules of Court (Juvenile, Court of Claims, Evidence Rules)( KFO30 1953 .A4 )

Westlaw (OH-RULES)

Lexis (OHRULE)

State Statutes on Evidence (Legal Information Institute)

Federal & State Cases

US Supreme Court Cases on Evidence Law (Legal Information Institute)

LexisNexis - Federal and State Evidence Cases Selected federal and state caselaw on evidence related matters, including U.S. Supreme Court, U.S. Courts of Appeals, Federal District
Courts and state courts.  LexisNexis - State Evidence Cases; Federal Evidence Cases

Westlaw:   See Key Number Service Topics ( Topical Materials by Area of Practice - Litigation - Civil Procedure and Evidence  - Federal and State Cases ) General Civil Procedure & Evidence topics

Major Treatises and Practice Guides

Selected significant treatises and practice guides in the Law Library collection which provide a foundation in issues of evidence law include the following:

General

American Jurisprudence Proof of Facts, Annotated 3d ed / West,1988--  KF8933 .A43  (Also, Westlaw )

Evidence in Trials at Common Law / by John Henry Wigmore.  Little-Brown/Aspen, KF8935 .W531

The New Wigmore : a Treatise on Evidence / Richard D. Friedman, general editor. Aspen Law & Business, c2002- KF8935.A1 N49 

Evidentiary Foundations  6th ed. / Edward J. Imwinkelried. LexisNexis, c2005  KF8935 .I45 2005

Modern Scientific Evidence : the Law and Science of Expert Testimony 2d. ed/ by David L. Faigman ... [et al.] West Group, Annual KF8961 .M63

Reference Manual on Scientific Evidence 2d ed. /Federal Judicial Center, 2000  KF8935 .W39 1997    (Also, Westlaw)

Scientific Evidence 4th ed. / Paul C. Giannelli, Edward J. Imwinkelried. Lexis Law Publishing, c2007 KF8961 .G53 2007  (Also, Lexis)

Federal

Federal Evidence 3d ed. / by Christopher B. Mueller and Laird C. Kirkpatrick. Thomson/West, 2007- KF8935 .M84 2007   (Also, Westlaw)

Federal Rules of Evidence 3d ed. / by Paul F. Rothstein. West Group,   Annual KF8935 .R66 (Also, Westlaw)

Federal Rules of Evidence Manual 9th ed. / by Stephen A. Saltzburg, Michael M. Martin, Daniel J. Capra. LexisNexis, c2006  KF8935 .S24 2006  (Also, Lexis)

Handbook of Federal Evidence 6th ed / by Michael H. Graham . West Group, 2006-  KF8935 .G68 2006

McCormick on Evidence 6th ed. / by Kenneth S. Broun, general editor ; contributing authors George E. Dix, ... [et al.] Thomson/West, 2006 KF8935 .M29 2006

Weinstein's Federal Evidence : Commentary on Rules of Evidence for the United States Courts 2d ed. / general editor, Joseph M. McLaughlin ; original authors, Jack B. Weinstein , Margaret A. Berger. M. Bender, 1997- KF8935 .W39 1997

Ohio

Giannelli Snyder Evidence / by Paul C. Giannelli and Barbara Rook Snyder. Banks-Baldwin/West, 1996- KFO540 .G52 1996

Giannelli Snyder Rules of Evidence Handbook.  West, 1996 - Annual. KFO540 .G53

Ohio Rules of Evidence Trial Book; Objections, Offers of Proof, Rulings on the Record, and Limited Instructions / by Janet R. Burnside, Louis A. Jacobs, Stephen A. Saltzburg. Lexis Law Pub., c1999 KFO540 .B85 1999    (Also, Lexis)

Trial Evidence for Ohio Practitioners, Ohio State Bar Association CLE Institute, c2006 KFO540.Z9 T75 2006

Weissenberger's Ohio Evidence Treatise / Glen Weissenberger, with assistance from Brenda N. Dunlap, Mark E. Elsener. Anderson Pub. Co., 1996-  KFO540 .W44   (Also, Lexis)

Weissenberger's Ohio Evidence ... Courtroom Manual. Anderson Pub. Co., c1990-  Annual. KFO540 .W447  (Also, Lexis)

Weissenberger's Ohio Evidence Case Service. Anderson Pub. Co., c1996 - KFO540 .W43 1996 (through 2004)

Study Aids

Ohio Board of Bar Examiners, Outline of Subjects Tested on Essay Portion of Ohio Bar Examination (Columbus, OH: Supreme Court of Ohio 1984-) KFO 76 .Z9 O8546 Outlines the subjects tested on the essay portion of the Ohio Bar Examination in order to provide a guide to bar examiners in drafting the essay questions. The Evidence section in the November 2002 edition provides citations to legal authorities in evidence law as a convenience to the bar examiners and includes outlines for General Rules of Applicability and Construction, Judicial Notice, Burden of Production, Relevancy, Privileged Communications, Witnesses, Competency and Examination of Witnesses, Opinions and Expert Witnesses, Hearsay Rule and its Exceptions, Authentification and Identification, and  Best Evidence Rule and Demonstrative Evidence

McCormick on Evidence 6th ed. / by Kenneth S. Broun, general editor ; contributing authors George E. Dix, ... [et al.] Thomson/West, 2006 KF8935 .M292 2006 "An abridgement of McCormick on evidence, sixth edition, volumes 1 & 2. Practitioner treatise series."

Evidence Law : A Student's Guide to the Law of Evidence as Applied to American Trials  2nd ed. / by Roger C. Park, David P. Leonard, Steven H. Goldberg. Thomson/West, 2004 KF8935 .P368 2004 

Evidence / by Michael H. Graham. Thomson/West, c2003 KF8935.Z9 G69 2003

Evidence : Examples and Explanations 6th ed. / Arthur Best. Aspen, c2007 KF8935.Z9 B48 2007

Evidence in a Nutshell 5th ed. / by Paul F. Rothstein, Myrna S. Raeder, David Crump Thomson/West, c2007 KF8935.Z9 R6 2007

Federal Rules of Evidence in a Nutshell 7th ed. / by Michael H. Graham. Thomson West, c2007 KF8935.Z9 G7 2007 

Questions & Answers : Evidence / by David P. Leonard. LexisNexis, c2003 KF8935.Z9 L46 2003

A Student's Guide to Hearsay 2d ed. / by Clifford S. Fishman. M. Bender, 1999 KF8969.Z9 F57 1999

CALI (Computer-Assisted Legal Instruction) Tutorials :

The following list from the CALI Library of Lessons highlights evidence law tutorials available to Cleveland-Marshall College of Law Students. You must register a personal password with CALI to use these tutorials. (If you are a Cleveland-Marshall College of Law Student, and have not yet accessed CALI via our Law School subscription, Students click here ).

Evidence tutorials:

Hearsay

The Concept of Hearsay

The Definition of Hearsay and the Federal Rules

Federal Rule 801(d) and Multiple Hearsay

Four FRE 803 Hearsay Exceptions: Availability Immaterial

Hearsay Exceptions: Rules 803 and 804

Hearsay from Square One: The Definition of Hearsay

The Hearsay Rule & Its Exceptions

An Overview of Relevance and Hearsay: A Nine Step Analytical Guide

Other Evidence Issues

Best Evidence Rules under the Federal Rules

Character Evidence Under Federal Rules

Expert and Opinion Evidence

Impeachment and Rehabilitation of Witnesses

Preliminary Factfinding Under Rule 104

Survey of Evidence

Searching Scholar and OhioLINK :

Search the main subject headings Evidence (Law), Evidence (Law)--United States  , and Evidence (Law)--Ohio in SCHOLAR, and OhioLINK catalogs as well as the following related subject headings for additional materials:

Journal Articles and Current Awareness Services

See Finding Articles in Law Reviews, Journals and Other Legal Periodicals for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community.

Selected specialty journals in Evidence Law include:

International Commentary on Evidence (or " ICE ")  - an experimental, peer-reviewed journal on evidence law and theory. Its purpose is to promote scholarly communication about the law of evidence without regard to political or academic boundaries.

Scientific Testimony, an Online Journal  - publishes articles, news reports and commentary about the use of scientific evidence in legal proceedings. It also offers an archive of information useful to lawyers, forensic scientists and expert witnesses.

Law, Probability and Risk  The journal publishes papers that deal with topics on the interface of law and probabilistic reasoning. These are interpreted broadly to include aspects relevant to the interpretation of scientific evidence, the assessment of uncertainty and the assessment of risk. The readership is primarily academic lawyers, mathematicians, statisticians and social scientists with interests in quantitative reasoning.

Aggregate Files and Other Web Resources

Westlaw: Topical Materials by Area of Practice - Litigation - Civil Procedure and Evidence: Searchable databases include evidence rules, court orders, treatises, practice guides and forms.

LexisNexis - Area of Law by Topic - LitigationSearchable databases include evidence cases, rules, court orders, treatises, practice guides and forms.

The Evidence Project (American UniversityWashington College of Law): "These proposals, with accompanying commentary, address substantive and structural problems in the Federal Rules of Evidence with the goal of facilitating a national debate on the Rules as we approach the first quarter of a century of practice under them."

Legal Information Institute: Wex: Evidence

LexisONE Litigation and Court Resources

Jurist Law Guides: Evidence