Book Description

"Professor G. Michael Fenner's book provides a clear, easy-to-follow discussion of the hearsay rule. This text should be used in every law school evidence classroom." -TRIAL Magazine, December 2003 Hearsay is the most difficult part of an Evidence course and, for many, the most difficult rule of evidence to understand and apply in the practice of law. This treatise on hearsay will be invaluable for students, practitioners, and judges -- anyone involved with the law of evidence. Chapter 1 explains the basic concept using both time-tested and brand-new ways of seeing and understanding the subject. Other chapters take a foundational approach to the exclusions and exceptions. One of these chapters includes important new ways to use the residual exception. Yet other chapters take a foundational approach to hearsay exceptions found outside of the rules of evidence, such as exceptions in the Federal Rules of Civil and Criminal Procedure. Fenner offers chapters on multiple levels of hearsay, on evidence that is inadmissible hearsay to one issue and admissible hearsay to another, on the interrelation between the hearsay rule and the competence of witnesses (including ways in which a lawyer with an incompetent witness might be able to use hearsay to get that witness's evidence before the trier of fact), and much more. The Hearsay Rule includes discussions of, and commentary on, ways in which the rules can be used to advance the student's or the advocate's goals and on the many ways various rules interrelate -- topics not commonly addressed in other works. No other treatise gives the student and the lawyer this kind of help with hearsay. "This treatise on hearsay will be invaluable for students, practitioners, judges, or anyone involved with the law of evidence." -McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. "In my experience, it is rare for a law school text to be equally valuable to practitioners and judges. The Hearsay Rule is one of these rare books. Used as a text at a number of law schools, it is organized to provide both a ready reference and an in-depth treatment of the hearsay rule." -Barbara Fritschel, Law Library Journal"Professor G. Michael Fenner's book provides a clear, easy-to-follow discussion of the hearsay rule. This text should be used in every law school evidence classroom. . . . The uniformity of his analysis helps the reader develop a construct to evaluate hearsay. . . This book would be a great addition to a new lawyer's collection, and it should be used widely in law schools since it so clearly sets forth the hearsay rule in its various permutations. More experienced lawyers who believe they know it when they se it would benefit from this helpfull refresher." --Trial (December 2003)