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
The common interest or joint defense privilege
Skirmishes over the DOJ’s policies regarding corporate waiver of
Privilege for mediation proceedings Burns v. Commonwealth, where the
Virginia Supreme Court sharply limited the protection for confidential spousal
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
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
Qualifications for expert witnesses.
Permissible subject matter and allowable bases for expert testimony.
The learned treatise exception to the hearsay rule.
The impact of evidence-based medicine and more rigorous legal standards for
proof of causation in product liability and medical malpractice cases.
The logic of statistical proof in both civil and criminal cases, including
survey evidence, econometric proof, and Bayes’ rule and the “prosecutor’s
fallacy” discussed by the Supreme Court in McDaniel v. Brown.
The findings of the National Academy of Sciences on the limitations on
forensic science evidence and the need to reform the system for producing this
The range of permissible ways—both qualitative and quantitative—to present
pattern and impression identification evidence of identity, such as
fingerprints, handwriting exemplars, and ballistic and other toolmarks, so as
to satisfy both scientific and legal precepts
The type of opinions on mental states barred by Rule 704, and the interplay
between Rule 703 and the Confrontation Clause.
The future of the hearsay rule and Confrontation Clause as they apply to
laboratory reports following the Crawford revolution and its development in
Melendez-Diaz v. Massachusetts.
Expert Evidence is available for purchase separately by clicking
on Related Products above.
Volume 4: Evidence of Other Misconduct and Similar Events, by
David P. Leonard, is a comprehensive, scholarly analysis of when evidence of
crimes, wrongs, or acts other than those at issue in a trial may be admitted
into evidence. The author analyzes the history of the prohibition on character
evidence in England and the United States and the development of exceptions to
the rule, discusses how courts should analyze questions of character evidence,
and treats in detail the various exceptions such as motive, opportunity,
preparation, plan, modus operandi, and identity.
The most recent addition to the set, Volume 5: Impeachment and
Rehabilitation, is a thorough review of all the rules governing
impeachment of witnesses. It deals with impeachment with prior convictions,
with prior bad acts, with inconsistent statements, with evidence of bias, and
other evidence derogating credibility. Rules about limits on the use of
extrinsic evidence to impeach are covered in detail.
The volume also contains a substantial section on the rules governing support
and rehabilitation of witnesses. Numerous examples of successful
cross-examination and unsuccessful cross-examinations are set forth in order
to provide practical guidance to the practitioner. Other material covered
Impeachment by character evidence
Interest or influence
The limits on impeachment.