Evidence at Trial

DECEMBER 17, 2021

Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." Even simpler, the secondary evidence rule cannot be used as an end-run around the rules of evidence. The trial court sustained Ms. [The

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

In fact, given the unfortunately extensive but erroneous reliance on screenshots of social media evidence, The Best Evidence Rule could be cited far more frequently by opposing counsel seeking to contest the admission of such evidence. A case out of the federal courts in Texas addressed this issue head on.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

Evidence at Trial

MARCH 22, 2023

Must-Know Rule #2: A Substitute for Evidence Cannot Bypass Relevance Like any rule of evidence, the details mustn't swallow the whole. Just because something is judicially noticeable does not mean it's admissible. American Prairie involved an appeal of a district court ruling that found John Hoich personally liable for $2.5

Evidence 52

Evidence Hearsay Rule Witnesses Admissibility 52