Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

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Evidence Jury Instructions Discovery Affidavits 52

Evidence at Trial

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. If a key piece of evidence is excluded, pivoting to "Plan B" is essential. Last month's Strobel v.

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Evidence Witnesses Jury Instructions Objections 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. Untangling the Concept of Jury Misconduct Jury misconduct occurs when jurors breach the legal standards set by federal or state courts, potentially impacting the fairness of a trial.

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Jury Deliberation Evidence Jury Selection Jury Instructions 40

Practice of Law

SEPTEMBER 9, 2024

An Overeager Judge On February 14, 2022, while the jury was still deliberating, Judge Rakoff ruled in favor of the defendants, under Federal Rule of Civil Procedure 50. He concluded that no reasonable jury could find actual malice by clear and convincing evidence.

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Jury Instructions Evidence Jury Deliberation Admissibility 45