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How to Prepare for Your First Mock Trial

Jonathan Leach LLC

Then, clarify the burden of proof for each side. Plan your direct and cross-examinations of witnesses. Be prepared to address challenges to the admissibility of your evidence. Discuss which side needs to prove what and what the standards of evidence are needed. Organize all your evidence in a logical order.

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Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

E-Discovery LLC

As to “trigger,” see generally Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered? see generally Burden of Proof: Sanctions for Intentional Deletion of Text Messages (Jul. 21, 2021); Burden of Proof of Spoliation (Dec. citation omitted).

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Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

Evidence at Trial

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. But since the 2000 amendment, some courts have ignored Rule 702's requirements and read into the rule a presumption of admissibility. 579, 589 (1993). at 596 (emphasis added). United States , 54 App.