Brandon Drea co-authored an article in the Arizona Attorney Magazine discussing types and treatment of admissible evidence per the Arizona Rules of Evidence. Along with Samuel A. Thumma, Brandon shares tools that trial lawyers can use when approaching and handling evidence.
"The best way for Witness’s testimony to have maximum force at trial is for her to testify based on a good, crisp memory. But failing that—she’s human, after all—there are many alternatives to admit evidence of her memories. This article discusses half a dozen ways to do so. No doubt there are more; present sense impression and excited utterance exceptions to the rule against hearsay immediately come to mind.39 But given the potential importance of Witness’s testimony, particularly her memories, the alternatives highlighted here should be in every trial lawyer’s evidentiary toolbox, ready for use on a moment’s notice."
Read the full article.