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.

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

Practice of Law

SEPTEMBER 5, 2024

Watkins objected to the relevance of these inquiries. Still, the district court allowed them, reasoning that Childs’s testimony had opened the door to character evidence under Federal Rules of Evidence 404 and 405. Watkins moved for a judgment of acquittal two weeks after his conviction, which the district court denied.

Evidence 40

Evidence Admissibility Objections Pleadings 40

Evidence at Trial

NOVEMBER 27, 2021

There's reference to an out-of-court statement? But with hearsay having so many exceptions, the most obvious objection may not be the most effective. But Strobel is important reading because it illustrates that even when Sanchez applies ( i.e. , a hearsay objection is sustained), you need to have a "Plan B" in mind.

Evidence 52

Evidence Witnesses Jury Instructions Objections 52

E-Discovery LLC

JUNE 5, 2024

The Court described the context of the internet searching as follows: At trial, the State introduced evidence, over objection, that between March of 2018 and May of 2018, Appellant performed the searches listed above using her phone. At no point during Dr. Waldrop’s testimony did Appellant make any objection or motion to strike.

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Admissibility Evidence Voir Dire Objections 130

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

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Evidence Witnesses Hearsay Rule Admissibility 52

Evidence at Trial

JANUARY 30, 2023

Party admission? In addition to knowing the enumerated exceptions, trial lawyers must know an as-important hearsay exception found outside this list: the rule of completeness. Mr. Lawley argued that the above statements were admissible as declarations against interest (Cal. The Court affirmed the trial court’s rulings.

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Admissibility Evidence Witnesses Court Rules 52

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information. Their presence alone commands a certain decorum.

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Evidence Jury Deliberation Jury Selection Jury Instructions 40