Document Type

Article

Publication Title

Suffolk Journal of Trial & Appellate Advocacy

Abstract

Every trial has a rhythm and a flow. Every trial is a performance. This article extends the literature on law and music further into the field of evidence. I offer a new exploration and reimagining of the Federal Rules of Evidence through leitmotivs. I contend that leitmotivs—musical calling cards—reify principles of evidence law. As I spin these leitmotivs, I propose two amendments to Rule 604 regarding the oath for courtroom interpreters. I propound a new critique explaining how and why courts are wrong when they often claim “Daubert did not work a ‘seachange’ over federal evidence law.” I tender two new, sensational labels for dramatic parts of Rule 804. I present a freshly old perspective on the dying-declaration exception to the rule against hearsay, contrary to the current trend in the literature. I offer a new method of focusing and analyzing issues involving potential hearsay within potential hearsay. And I submit many new—and hopefully memorable—illustrations and evaluations of evidentiary issues.

First Page

143

Last Page

204

Publication Date

2026

Download

Share

COinS