The New Wigmore: A Treatise on Evidence is an authoritative guide with answers to evolving questions in civil and criminal litigation . The five volume series presents the same quality of research, thought, and analysis as the original Wigmore , creating a genuine present-day counterpart to the seminal evidence treatise.
Volume 1: Selected Rules of Limited Admissibility, by David Leonard, provides a sophisticated framework for lawyers and judges to understand and apply the rules that exclude evidence for policy reasons. Included are extensive discussions of:
- The latest amendments to Federal Rule 408
- Party-oriented limited admissibility in criminal cases
- The types of agreements that qualify as “Mary Carter” agreements
- Evidence of nolo contendere pleas when the party who entered the plea brings a civil action based on the same event
- Admissibility of evidence of investigations conducted by a party
- Remedial measures taken before the event giving rise to the action or taken by a third party, or required by a government authority
- The use of limiting instructions and proper timing
- The use the doctrine of “detrimental reliance” to enforce a plea agreement the government seeks to abolish
- The admissibility of settlement agreements that, if not disclosed, might lead to distorted fact-finding
- The propriety of informing the jury that there has been a settlement of claims involving a part
Volume 2: Evidentiary Privileges, by Edward J. Imwinkelried, offers unique analysis of recent evidentiary problems including application of the attorney-client privilege to government agencies and corporate entities, and the difficulty of determining exactly who holds the privilege. In these two volumes, you’ll find also a practical framework for evaluating the existence or scope of new privileges, as well as coverage of issues like these:
- The common interest or joint defense privilege
- Skirmishes over the DOJ’s policies regarding corporate waiver of attorney-client privilege
- Privilege for mediation proceedings Burns v. Commonwealth, where the Virginia Supreme Court sharply limited the protection for confidential spousal communications
- The latest cases recognizing a constitutional right to informational privacy
- Protections for journalists and who qualifies
- The governmental attorney-client privilege
- The First Circuit decision holding that in certain circumstances, even when an individual corporate officer has a personal attorney-client privilege with corporate counsel, the corporation may unilaterally waive the privilege
- The latest cases on the waiver consequences of inadvertent production during pretrial discovery
Volume 3: Expert Evidence, by David H. Kaye, David E. Bernstein and Jennifer L. Mnookin, provides in depth coverage of the topics that lawyers and judges must know when dealing with expert testimony about medicine, engineering, psychology, economics, and forensic science, among other areas. It covers the topics common to all such testimony and focuses on scientific and statistical evidence, providing sophisticated and up-to-date explanations and analyses of:
- The principles and policies underlying all the approaches to admitting scientific evidence, from the traditional relevance standard to the most restrictive interpretations of the Supreme Court's watershed opinion in Daubert v. Merrell Dow Pharmaceuticals.
- An in-depth look at the continuing importance and practical operation of the Frye standard.
- Qualifications for expert witnesses.
- Permissible subject matter
Volume 4: Evidence of Other Misconduct and Similar Events, by David Leonard, provides a discussion of the admissibility of evidence of uncharged misconduct, which consists of a person's "crimes, wrongs, or acts" other than the conduct at issue in the case. There is extensive information on the nature and scope of the character prohibition, as well as coverage of the key rules and issues. Analysis includes separate chapters that discuss:
- How to determine the admissibility of uncharged misconduct evidence.
- Situations in which evidence of uncharged misconduct tends to prove intent without first proving another of the common facts listed in rules such as Federal Rule of Evidence 404(b).
- The use of uncharged misconduct evidence to prove the existence of a "common scheme or plan."
- The relevance of "similar occurrences"
Volume 5: Impeachment and Rehabilitation, by Roger Park and Tom Lininger, offers a comprehensive and practical guide through the laws that govern the impeachment of witnesses at trial. Included in the volume are extensive discussions of:
- The usefulness of cross examination
- Impeachment with character evidence
- Impeachment via bias, interest or influence
- Limits on impeachment
- Defects in capacity
- Rehabilitation and support of witnesses
