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LexisNexis® Matthew Bender®

THESE RULES

MEANT TO BE BROKEN

WERE NOT

Pennsylvania Rules of Evidence 2016 EDITION Hon. Mark I. Bernstein

Playing by the rules might seem like a childish reminder, but when preparing for, and stepping into court in the Keystone State, playing by the rules is no laughing matter.

With unique experience and authoritative insight, Judge Bernstein offers comprehensive commentary to explain the Pennsylvania perspective on the Rules of Evidence and emphasizes the importance of looking for the meaning of each rule within its state-law context. Commentary for each rule is preceded by a very brief synopsis and employs abbreviated boldface headings to guide the reader. Cited cases are discussed in detail.

Features of the Pennsylvania Rules of Evidence include:

• The full text of the Rules • Pennsylvania Supreme Court Committee on Rules of Evidence Final Report • Amendment history • Official Rule Commentary (included following each rule text) • Author Commentary • Comparisons to the Federal Rules of Evidence • Lists of relevant rules and statutes • Text of applicable statutes • Table of Cases • Comprehensive Index

LexisNexis® Matthew Bender® is pleased to partner with Gann Law Book Publishing to distribute the Pennsylvania Rules of Evidence. Enjoy the same great editorial quality with insightful commentary and annotations along with the convenience of ordering with your other Matthew Bender® publications.

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Matthew Bender is a registered trademark of Matthew Bender & Company, Inc. Other products or services may be trademarks or registered trademarks of their respective companies. © 2016 LexisNexis. OFF03726-0 0416

ABOUT THE AUTHOR Hon. Mark I. Bernstein has served as a judge of the First Judicial District of Pennsylvania since 1987, and was elected to the post of secretary of the Court of Common Pleas Board of Judges. He currently serves on the Civil Jury Instruction Subcommittee of the Pennsylvania Supreme Court. Judge Bernstein established precedent and procedures for the timely resolution of mass tort and all class action litigation in Philadelphia County and served on the Commerce Court of the First Judicial District. He was named one of the 500 leading judges in Lawdragon magazine.

Judge Bernstein writes extensively on the law, particularly in the area of expert testimony. Judge Bernstein has addressed judges and lawyers nationwide on the law and courtroom procedure. He serves on the faculty of Drexel University Earle Mack School of Law and has served on the faculty of the National Judicial College. After graduating from the University of Pennsylvania Law School and before taking the bench, Judge Bernstein was in the private practice of law specializing in litigation.

TABLE OF CONTENTSIntroduction

Author’s Note on 2013 Rules of Evidence

About the Author

Final Report on 2013 Restyled Rules of Evidence

Article I. General Provisions

Article II. Judicial Notice

Article III. Presumptions

Article IV. Relevancy and Its Limits

Article V. Privileges

Article VI. Witnesses

Article VII. Opinions and Expert Testimony

Article VIII. Hearsay

Article IX. Authentication and Identification

Article X. Contents of Writings, Recordings, and Photographs

Table of Cases

Index

Pennsylvania Rules of Evidence 2016 EDITION Hon. Mark I. Bernstein