Remove Admissibility Remove Evidence Remove Hearsay Rule
article thumbnail

California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.

Evidence at Trial

California's secondary evidence rule (Cal. 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." What if the documents are lost or missing? Code § 1521(a). Code § 1271.

article thumbnail

Judicial Notice: Four Must-Know Rules

Evidence at Trial

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. Must-Know Rule #2: A Substitute for Evidence Cannot Bypass Relevance Like any rule of evidence, the details mustn't swallow the whole. Must-Know Rule #4: Judicial Notice's High Standard v.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Livin' On The Edge: Steven Tyler and Party Admissions

Evidence at Trial

But does Noise provide the plaintiff with actual usable evidence? Tyler's Autobiography: An Evidentiary Analysis When it comes to analyzing the admissibility of evidence, having a methodical approach is imperative. The figure below illustrates the approach: That Tyler's book excerpts are relevant is almost self-evident.

article thumbnail

Yes, Oklahoma (and the rest of us), There Is A Due Process Evidence Rule

Temple University Beasley School of Law - Advocacy

On January 21, 2025, the United States Supreme Court said that indeed it had established this principle, in particular that the Due Process Clause of the Fourteenth Amendment provides a mechanism for relief against the introduction of evidence that is so unduly prejudicial that it renders the trial fundamentally unfair. Why write about this?