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Pages:
ISBN:
Published On:
Updated On:
21050
InvtPart
Hardcover Book
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[Click here for free 2019 developments supplement]
Fundamentals of Texas Trial Practice, 5th ed, is a trial advocacy book that teaches the fundamental techniques of effective case preparation and presentation in accordance with the Texas Rules of Evidence and Texas civil and criminal procedure. Its goal is to help practitioners master the fundamentals of each trial phase so they can then integrate the parts into a coherent whole, and thereby increase their odds of winning.
Although intended principally to serve as a tool for beginning practitioners, experienced trial lawyers will also benefit from the author's insights and suggestions. As a judge, former prosecutor, professor and trial lawyer, Judge Barton observed the performance of many trial attorneys. This book is the product of his years of experience, the book meant to most benefit lawyers so they can better serve and improve their careers. Its premise is that effective advocacy and case management is directly linked to mastery of the fundamentals.
The language of The Fundamentals of Texas Trial Practice is therefore deliberately brief and simple, while its coverage is comprehensive. It covers: trial preparation, making and responding to objections, jury selection, making an opening statement, conducting direct and cross-examination, impeaching and rehabilitating witnesses, offering and opposing exhibits, direct and cross-examination of expert witnesses, the court’s charge to the jury, and closing arguments. Cross references are provided to allow the reader to quickly grasp the progression of a trial and to recognize its interrelated aspects. Finally, procedure and evidence treatises are cited for the reader's in-depth exploration of discussions of these subjects.
The fifth edition offers expanded and updated authorities in all chapters, new materials on the Texas Citizens Participation Act, taking depositions under RCP 202.1 and discovery in criminal cases; new materials on making an offer of proof on excluded testimony of an expert witness, new materials on the remedy in a criminal trial of reinstating a prospective juror improperly stricken by peremptory challenge based on race, and more.
Judge Robert R. Barton is a Senior Texas District Court Judge and retired Hardy Professor of Trial Advocacy at St. Mary’s University School of Law. Judge Barton was a civil trial attorney and prosecutor for sixteen years; an elected District Judge for twelve years; Professor of law at St. Mary’s School of Law for nine years, including six years as the Hardy Professor of Trial Advocacy, and has served as an assigned trial judge in civil and criminal cases for over sixteen years. He is a former co-author of Texas Rules of Evidence Manual, and is the author of Texas Search and Seizure (6th Ed., 2015).
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