Florida and Federal Evidence Rules: with Commentary 2012-2013 Edition

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Key Features: attractive, easy-to-read design; content and organization that mirror content of law school course; brief author commentary creating context for the statutory provisions in simplified terms will guide students through the more ambiguous and confusing statutes. Country of Publication: US Dimensions cm : Help Centre. My Wishlist Sign In Join. Be the first to write a review. Add to Wishlist. Ships in 7 to 10 business days. Link Either by signing into your account or linking your membership details before your order is placed.

Description Product Details Click on the cover image above to read some pages of this book! Uniform Evidence. Hammer ed. Search for:. Toggle navigation U. Student Loans Grants Laws Data. Mike has done so much for so long to make sure that our committee maintains the highest ethical standards for construction lawyers in Florida. Steven B. Lesser, Chair. We had a banner year and our very engaged and talented group truly contributed to ensuring a justice system that will further justice for all.

Among the highlights for the Bar year, the committee:. The seminar will introduce basic concepts, explore ethical considerations and explain consumer law connections to all areas of practice. If successful, the program will serve as an instructional example to other standing committees on how to use new technology, specifically Twitter. Tweets are updates sometimes containing embedded hyperlinks to websites. In the case of the pilot project, all hyperlinks lead back to The Florida Bar website.

Additionally a project is planned for June 27 during the annual convention. The event invites the public for one-on-one sessions with volunteer attorneys from the committee and the Legal Aid Society of Palm Beach County. The letter expressed concerns that the bills would tax the judicial system by requiring judges to review and assess many more documents at the outset of the process, and that the expedited process would encourage the use of false and manufactured documents. For the first manual, the committee is planning a handbook on debt collection and violation actions. The committee thanks Mary Ann Etzler for leading this effort.

The letter advised that the committee was available as a trusted resource for expert, unbiased analysis on some of the most important issues affecting Florida consumers. Consumer law attorneys deal with foreclosure, bankruptcy, credit and loan problems, and debt collection, and are often the ones consumers turn to when they need help. The award will be presented at the annual convention in June.

Committee member James Young organized the effort to gather nominations and select the Consumer Protection Lawyer of the Year for Janet Robards Varnell, Chair. Continuing Legal Education The mission of the Continuing Legal Education Committee is to assist the members of The Florida Bar in their continuing legal education and to facilitate the production and delivery of quality CLE programs and publications for the benefit of Bar members in coordination with the sections, committees, and staff of The Florida Bar, and others who participate in the CLE process.

The focus of the committee continues to be alternative delivery systems using technology while monitoring the quality of Bar CLE programs. Accountability, cost effectiveness, and Bar member needs continue to be key topics of discussion by the committee. The nature of CLE delivery is trending toward aftermarket sales. During the fiscal year, aftermarket CLE seminar sales exceeded in-person attendance at CLE seminars for the second consecutive year. The aftermarket revenue was almost twice that of live registrations revenue.

Special thanks go out to Dixey Teel, director of professional development, Terry L. Hill, director of programs division, and Bar staff for their outstanding initiation, development, and implementation of Florida Bar CLE programs.

Professor Rose discusses the Florida and Federal Rules of Evidence.

Lastly, a special thanks to the Bar CLE Committee members for their participation and feedback throughout the year. Paul H. Chipok, Chair. Criminal Law Certification As chair of the Criminal Law Certification Committee, I am happy to report another successful year of overseeing criminal law certification of Florida lawyers.

This committee is unique in that it oversees two separate certification areas criminal trial and criminal appellate law. The committee is comprised of nine criminal law certified attorneys who work throughout the state. The committee first met in August. During the following months, the essay and multiple choice questions were developed for both the criminal trial and criminal appellate law exams. Of the more than 93, members of The Florida Bar, are currently board certified in criminal law; in criminal trial law; and 54 in criminal appellate law.

The applicant pool contained 64 criminal trial and five criminal appellate submissions. Of the total applicants, at the time of this writing, 63 have been deemed eligible to sit for the exam. Also, the committee reviewed 61 recertification applications this year. Both the criminal trial and criminal appellate law exams contain five essay questions and 50 multiple choice questions addressing procedural and substantive law in both state and federal court. On May 10 in Tampa, applicants answered these questions in two three-hour blocks and will be advised of their results by August 1. The committee is grateful to the lawyers who participate in the confidential peer review process.

The committee emphasizes to Bar members and judicial officers that commentary is confidential and will not be divulged to any applicant. Judge Angelica D. Zayas, Chair. Criminal Procedure Rules The Criminal Procedure Rules Committee has representatives from all areas of practice including the judiciary, educators, and criminal attorneys.

The Criminal Procedure Rules Committee has maintained and continued its revisions and review of legislative changes and case interpretations. Additionally, we have monitored rule changes and their impact on criminal practice. Additionally, at the request of the Florida Supreme Court Criminal Court Steering Committee, the committee has considered proposed amendments to Rule 3. Work on this topic continues and the committee is assessing the impact of the proposed changes on the courts and practitioners across the state.

The administrative order, signed March 22 by Chief Justice Polston, directs the subcommittee to seek input from stakeholders, including the Criminal Procedure Rules Committee. The goal of this newly created subcommittee is to improve the overall efficiency of the capital postconviction process. Our committee stands ready to provide input and assist in any way possible.

As my term as chair concludes this June, I extend my thanks to the members of the committee and Heather Telfer, our attorney liaison, for their commitment and professionalism. Many challenges and much work lay ahead for the committee. I look forward to assisting in those efforts. Mark Caliel, Chair. Education Law The Education Law Committee is one of a few state education law committees dedicated to enhancing the professionalism and practice of education law at all levels of education practice, including pre-K, community colleges, and colleges and universities, and to the provision of a forum in which the knowledge and views of its members can be shared.

Our members include public and private university and college counsel, school district attorneys, and private law firms that regularly represent educational institutions and their employees, as well as students and their parents in all facets of the education legal practice from transactions to litigation.

It has been my privilege and honor to serve this year as chair of the committee after serving for several years in other leadership capacities. The committee identified three strategic priorities in 1 increasing membership; 2 resuming publication of the Florida Education Law online journal; and 3 building a foundation to transition to section status.

The committee also added a second in-person meeting this year, even as it continued to offer extraordinary electronic CLE access to the many public educational lawyers who could not otherwise receive credit. The committee is a leader in The Florida Bar in utilizing advanced technology to connect lawyers. In addition, the committee once again supported the efforts of the education law certification committee by offering an all-day exam preparation seminar for lawyers interested in applying for certification.

Ana worked tirelessly on putting together two excellent CLE programs covering secondary and post-secondary topics. The first CLE was in-person at the September Bar conference and covered these topics: 1 recent developments in rulemaking and procurement, and 2 recent federal compliance issues impacting K and higher education.

I also thank Youndy Cook for assisting me with reaching out to all sectors of the public and private educational legal community to attract more committee members and attendance, including the previously largely unreached community college and private post-secondary legal community. Youndy has tapped the electronic email communities of Florida public school district, community college, and public university lawyers. We hope the membership drive will continue under new leadership as a precursor to judging the practicality of applying for elevated section status.

Another is planned at the annual convention — we welcome your attendance. We expect to publish a second edition this spring. Manuscript solicitation and editing is among the most difficult and time-consuming jobs. I thank both of them for their able assistance. Thanks also to the outgoing leadership team, including Daniel Woodring, for facilitating a smooth transition and to the education certification exam committee for cooperating in offering CLE and preparing our members for board certification.

The best days for the committee are ahead as it becomes further institutionalized within The Florida Bar. The hurdles that substantive law committees like ours face are material and worth attention by the Bar. These include the separate sign-up process independent of the annual fee statement, which overlaps the Christmas holiday, maximum year-long committee appointment, inability to fundraise by offering CLE for sale or collecting dues, and lack of access to Florida Bar letterhead. Nevertheless, I am optimistic that the committee will continue to grow and improve and I look forward to continuing to serve the committee in other capacities in the future.

Nathan A. Adams IV, Chair. Education Law Certification This is the third year of certification in education law. After two years, there are 39 lawyers certified, and as many as six may be added this year, pending the results of the certification examination. Thus, in our third year there may be 45 lawyers board certified in education law. We are very pleased with our progress to date and look forward to continuing our growth. A major focus of the committee this year was the revision of the exam specifications in accordance with the guidelines established by the Board of Legal Specialization and Education, which included setting the passing standard to 70 percent.

The requirements and application for the exam are now available online, and the filing period is July 1 — Aug. The exam will be held in March. The committee worked diligently this year in drafting examination questions, and in promoting education law as an area of legal specialization. Attorneys specializing in the practice of education law are an important part of the pre-K through 20 system of public education, as well as the private school sector in Florida.

These specialists make a substantial contribution to the effective delivery of educational services and include lawyers who represent school districts, universities, community and state colleges, charter schools, as well as lawyers who advocate for the rights of students and their families. The members of this committee are committed to the value of education law certification, and we believe that this certification serves both the public and The Florida Bar. The chair thanks Julie Sheppard, vice chair, for her invaluable assistance, and all the members for their hard work this year.

We held meetings continuously throughout the year and worked hard to develop a quality examination and to encourage qualified lawyers to apply. The chair also would like to thank the Education Law Committee for promoting certification to their membership and for holding CLEs throughout the year that followed topics to be tested on the exam.

The committee also thanks The Florida Bar for its assistance throughout the year. A special thanks is given to Julie Coiro for her great organizational skills, hard work, and professionalism. Coiro keeps the members of the committee on task and working effectively throughout the year. Robinson III, Chair. Elder Law Certification Five attorneys sat for the elder law board certification examination. There are currently 94 board certified elder law attorneys. The committee met several times throughout the year to review and process applications, draft exam questions and model answers, and present a proposed amendment to the Standards for Certification of a Board Certified Elder Law Lawyer.

Elder law attorneys deal with legal issues encompassing all aspects of planning for aging, illness, and incapacity. The purpose of the elder law examination is to determine whether the examinee possesses the substantive and procedural knowledge expected of an experienced elder law practitioner whose clients are elderly or have special needs, as well as the skill to apply that knowledge to situations that elder law attorneys encounter in their practice. We are extremely grateful for all the time and effort put in by our outgoing members, Beth Prather and Randy Bryan, who have served on the committee for the maximum amount of time permitted.

We want to especially thank our hard-working certification specialist, Jennifer Wilson, whose work has made our job so much more manageable.

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Carolyn Landon, Chair. Eminent Domain The Eminent Domain Committee provides an opportunity for attorneys representing both condemnors and private property owners to discuss current case law, share ideas, and receive continuing legal education for eminent domain-related matters. The committee meetings also provide an excellent opportunity for networking with fellow members of the eminent domain bar.

The economic downturn of recent years has had a substantial negative impact on most eminent domain practitioners due to a sharp decline in condemnation activity. It is anticipated that the quantity of Florida condemnation actions will increase in the future, but perhaps not until The Eminent Domain Committee continues its commitment to keep its members informed about trends and changes in our practice area.

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At the annual meeting in June , our committee members heard presentations from speakers of great renown. Property rights attorney William S. Anderson provided an economic outlook for , and discussed various factors affecting both national and Florida real estate markets. Kathy J. Bible, the advertising counsel for The Florida Bar, spoke about legal ethics issues relating to lawyer advertising. The midyear meeting in September likewise had excellent presenters.

Attorney Alan DeSerio of the Pacific Legal Foundation provided a case law update that included not only eminent domain cases, but other property rights cases as well.

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Lastly, committee members learned about emerging and new technologies for the legal practitioner from Iventure Solutions and Copytronics Information Systems. The Eminent Domain Committee plans to present another interesting and informative program to its members at the upcoming annual convention in June. I sincerely thank my vice chairs, Thomas P. Callan, Barry S. Balmuth, Dean R. DiRose, Joel Settimbrini Jr. I also thank our former chair, Vivian Arenas Battles, who oversaw the program for the annual meeting in June On behalf of the Eminent Domain Committee and my vice chairs, I thank all the speakers who volunteered their time to share their wisdom and experience with our committee members, and I thank our Florida Bar Liaison Yvonne Sherron for her assistance and professionalism.

Mary J. Dorman, Chair. The roundtable is a popular program that provides an opportunity for the federal bench and bar to work together during an interesting and practical seminar. For years, federal judges, lawyers, law professors, and law students have enjoyed the interactive and informal nature of the roundtable event. The objectives of the roundtable are to strengthen the relationship between the federal bench and bar and to improve practice before federal courts in Florida.

Very special thanks to Vice Chair Jon Polenberg for his leadership and service in coordinating this great event. During the past year the committee emphasized educational efforts by hosting CLE events. The committee hosted an interesting and informative seminar on electronic discovery in September during The Florida Bar midyear meeting in Orlando.

In January, the committee held a lunchtime seminar with its meeting which was a discussion with Magistrate Judge Edwin Torres. As a gateway to our committee, projects, and federal news, the committee maintains The Federal Corner on The Florida Bar website. The committee continued to update the corner this past year and utilizes it as the easiest and most cost effective way to communicate with our members and, more importantly, with all members of The Florida Bar. All rule amendments, proposed changes affecting federal courts, announcements, and other news of note are timely posted on The Federal Corner.

Special thanks to John Badalamenti for ensuring the corner is current and informative and to Vice Chair Magistrate Judge Anthony Porcelli, and the rules subcommittee for compiling and publishing these amendments to the committee and to the Bar membership. The guide serves as an invaluable resource to both in- and out-of-state practitioners who appear before the judges. This committee also worked with the various federal bar associations across the state and other organizations whose purpose is to enhance and progress practice in federal courts. Special thanks to Brett Barfield and the South Florida chapter of the Federal Bar for working with the committee to hold a joint luncheon and U.

Suter, clerk of the U. Supreme Court. The event was held at the Hyatt Regency Miami. This year, in addition to the roundtable event, the committee will also have a CLE program during The Florida Bar annual convention. Some final words of appreciation, this committee could not operate without the dedication and hard work of our Bar staff liaison, Lani Fraser. She has been an incredible resource and is simply the best. Melanie Damian, Chair. Florida Bar Journal and News Editorial Board With a readership of over 90,, The Florida Bar Journal and News are the premier sources for timely articles on the legal community, substantive Florida law, and Bar activities and events.

Wainwright , and many more. Section columns are submitted to the magazine by column editors, who are appointed by their respective section chair. While columns are published under the auspices of the section and its appointed editor, the Journal editorial board reviews and approves all feature articles for publication and is responsible for the submission policy applicable to all Journal articles.

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In recognition of superior writing, the annual Excellence in Writing Award was presented to Joseph T. The editorial board welcomes articles written by members of the Bar. Did you know that you can receive up to 15 CLE credits for the time you spend preparing an article that is published in the Journal? Now is the time to share your knowledge with all the members of The Florida Bar.

It also features regular announcements of CLE offerings. The News has been lauded by Bar members for its editorial independence and has been acknowledged nationally as a model vehicle for information about association activities. The Journal and News generate revenue through advertising, royalties, and subscriptions, thereby offsetting some of the costs of printing and postage.

This year brought the official launch of The Florida Bar News mobile app, which allows users to receive top Bar stories and breaking news virtually instantaneously. Readers of classified ads can use their devices to respond directly to advertisers who list email addresses. The app is available in various online app stores for iPhones, smart phones, and other devices.

Visit our website for back issues, information on subscribing, advertising rates, and submission guidelines. These publications are critical to busy Bar members as a means of keeping up to date on all types of matters affecting their daily practices, as well as developments and trends in the substantive law. I encourage all members with a passion for writing to lend their skills to the Bar Journal by submitting an article for publication consideration.

The committee advises on eligibility, as well as rules changes, as needed. There are 5, Florida registered paralegals FRPs as of March 28, the fifth year of existence for this significant credential for paralegals, which indicates a level of achievement and commitment to maintaining a code of ethics. This year, the committee focused its efforts to increase awareness of the program. The committee produced a pamphlet to educate attorneys and paralegals about the FRP program. The committee clarified some sections of Rule 20 as they relate to eligibility and renewal requirements, as well as continuing education CE requirements.

Additionally, the website where registered paralegals input their CE credits has been enhanced. FRPs also receive an automated email upon completion of their 30 hours of CE requirement. I have been honored these past five years to serve with the FRP members of the committee, as well as the attorney members, all of whom are committed to upholding the ethical and eligibility standards required for FRPs. I have also been fortunate to work with the dedicated Florida Bar staff, particularly attorney Shannon Fleming and attorney Lori Holcomb, as well as Jackie Reshard and Melanie Woodall, whose efforts truly ensure the success of the program.

Carin M. Gordon, Chair. Health Law Certification Health law is the practice of law involving federal, state, or local law, and rules or regulations regarding the delivery of health care services. In addition to health care provider issues and regulations of providers, health law includes legal issues regarding relationships between and among providers and payors. The area of health law certification was approved by the Florida Supreme Court in and currently numbers certified health law attorneys. To qualify for the health law exam, attorneys must be members of The Florida Bar for five years, be engaged in the full-time practice of law, and be substantially involved at least 40 percent in health law for the last three years of their practice.

Attorneys seeking health law certification must also complete at least 60 hours of advanced continuing legal education of approved health law credits and pass a stringent peer review process. All currently certified attorneys must apply for recertification every five years. During the certification cycle, 19 applications to sit for the exam were reviewed by the committee.

The committee also received and reviewed 10 applications for recertification. The exam was held on May 10 in Tampa. Icaza, vice chair; G. Scott Baity, Vivian M. Gallo, George F. Kaye, Troy A. Kishbaugh, Craig H. Smith, and Paula A. Committee members devoted numerous hours to the review and approval of initial applicants to sit for the exam and review of recertification applications. Multiple peer references were obtained and evaluated for each applicant.

Committee members devoted a substantial amount of time to reviewing, updating, and revising the exam, which consists of multiple choice and essay questions. Careful attention was paid to updates and changes in health law and to the fairness of the exam. Special attention was also given this year to revising the examination format content. Optional questions were eliminated from the exam to ensure uniform difficulty and scoring for each examinee.

The exam specifications were also revised, with content reorganized to fall under the four new exam essay topics: fraud and abuse, provider regulation matters, institutional operations and patient care, and integration and reimbursement. The committee extends thanks and gratitude to our staff liaison, Zachary Shrader, for keeping us focused and productive. Michael P. Gennett, Chair. Immigration and Nationality Law Certification Immigration and nationality law is the practice of law dealing with all aspects of the U.

Immigration and Nationality Act and implementing regulations. Certification in this field was approved in , and we currently have 60 board certified attorneys. During the past year, the committee has discussed several ways in which more members of the Bar will be encouraged to apply for certification. This year we once again had one of the largest groups of applicants to apply for certification since the program began. As dictated by the Florida Supreme Court, the evaluation of each applicant necessarily involves the determination of whether the applicant meets the highest standards of professionalism and ethics.

Every applicant can be assured that the information provided was carefully considered by the committee in the evaluation of the applicant. The committee took many hours to draft, review, and revise the examination. Numerous meetings were held, both in person and telephonically, to assure that the questions were well prepared and that they fairly tested the knowledge of the examinees.

I appreciate the hard work and dedication that all of our members put forward to make this year a success. I also want to recognize and thank our Florida Bar liaison, Alexzina Jackson, for her tireless efforts and assistance throughout the year. Finally, I would strongly encourage other board certified attorneys to volunteer for service on the committee for this upcoming year and in the future. I am sure you will find it a very worthwhile and rewarding experience. Carmen Arce, Chair. Intellectual Property Law Certification The Intellectual Property Law Certification Committee is pleased to report that eight attorneys became board certified in intellectual property law following the exam on May 17, The pass rate for the exam was 80 percent.

Intellectual property law comprises the areas of patent prosecution, patent infringement litigation, trademark law, and copyright law. Attorneys may practice in one or a combination of these areas. The committee has been diligently working to prepare for the exam, which was administered on May 9 in Tampa. This year, lawyers who became board certified in intellectual property law in will need to apply for recertification. The recertification application is currently available online for download at www.

Recertification requirements can be found in Rule Jeff Lloyd, Chair. International Law Certification Of the states that offer specialty certification for lawyers, Florida is the only state that currently offers certification in international law. This year, two attorneys sat for the examination on March 14, with hopes of being added to this illustrious bunch. Achieving certification confirms your commitment to ethics, professionalism, and the ongoing maintenance of your education. Certification is available to members in good standing of The Florida Bar with five or more years as a member in good standing of any state bar or the District of Columbia bar.

An applicant must demonstrate substantial involvement in the practice of international law for each of the three years immediately preceding application, and must have completed at least 60 hours of continuing legal education in the field during that time. In addition, the applicant must submit an application for peer review and must pass the examination.

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An applicant is not expected to be an expert in all areas of international law. The examination is designed to test the following skills: knowledge of substantive law; knowledge of procedural law; issue recognition; ability to analyze issues; legal reasoning; and professionalism in handling practice and ethical situations. All questions refer to cases in and outside of the Florida court system.

Successful completion of all aspects of the process entitles the applicant to certification for five years. The committee is also thankful for our staff liaison, Zina Jackson.

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The committee welcomes and encourages all members who engage in international law as a substantial portion of their practice to seek certification. Thomas L. Raleigh III, Chair. During the past year, the committee has continued work on a number of projects in support of its mission. In addition to reviewing legislation related to the judiciary and making recommendations to the Board of Governors, the committee works with the Florida Supreme Court to administer the Judicial Feedback Program.

The goal of the feedback program is to provide a confidential means by which attorneys can communicate with appellate or trial court judges concerning their perceived specific strengths and weaknesses. Providing judges with confidential feedback assists them with self-assessment and self-improvement. The voluntary feedback program for trial and appellate court judges began Jan. Feedback may be provided by filling out a form and mailing it to The Florida Bar or by completing feedback forms online at www. Either way, the identity of the attorney providing the feedback is protected.

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  • Every other year when elections are held, the committee oversees the merit retention poll of Bar members regarding district court of appeal judges and Supreme Court justices. The guide was distributed to hundreds of thousands of voters before the fall elections. The program assists the public in making educated decisions when voting for judicial candidates. Under the program, judicial candidates can post on the Bar website statements with information about their backgrounds as well as personal statements. Out of candidates, 97 candidates 51 percent participated in the program.

    A subcommittee has also been working to develop a uniform candidate poll for local bar associations. Various polls have been reviewed and the subcommittee hopes to have available at the June meeting a poll that would be fair to both sitting judges and attorney candidates. Subcommittee members have spoken numerous times with Professor Geyh of Indiana University, a recognized expert on recusal and disqualification.

    The subcommittee reviewed the proposal submitted by Gerald Richman and held discussions concerning many substantive issues, such as grounds for disqualification, including campaign contributions bundling , the use of peremptory strikes to disqualify judges, and the ability of judges to comment on factual allegations when granting a motion to disqualify. The subcommittee reports to the committee in June. My thanks go to the entire JAEC membership for their commitment and hard work. In particular, I thank my vice chairs, Judge David W. Langham and Judge Lisa Davidson, for their dedication to the committee and its mission.

    Jay Kim, Chair. Information and articles are transmitted as needed. The financial history page of the application was not addressed at that time. Subsequently, we solicited input from the JNCs for revising the financial history page, as well as other aspects of the application. The committee reviewed the responses and approved several changes to the financial history page, which will be presented at the next JNC rules convention.

    The proposed changes agreed upon by the committee will be added to the next JNC rules convention. A survey was sent to the commissions requesting their input. The last training was held on October 28, , at the Hillsborough County Courthouse.

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