Evidence at Trial

DECEMBER 17, 2021

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." Chambers' objections and denied the motion. What if the documents are lost or missing?

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Evidence Arbitration Affidavits Admissibility 52

Evidence at Trial

APRIL 26, 2023

Regardless of its merit, social media is here to stay and disputes over admissibility or exclusion are commonplace in today's trials. What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. Is Social Media Evidence Relevant? Is Social Media Evidence Authentic?

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Evidence Admissibility Witnesses Chain Of Custody 52

E-Discovery LLC

MAY 27, 2024

Stanford did not object; to the contrary, Stanford conceded that the footage could be properly authenticated through Detective Ohmstede and that the footage was “admissible evidence.” Initially, the Court held that the stipulation to the video’s admissibility waived the objection. Rule 4-263(n).

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Discovery Cross-Examination Witnesses Admissibility 130

E-Discovery LLC

SEPTEMBER 4, 2024

The defendants’ objection is overruled, and the requested documents are to be produced within the next 14 days. That is because, in this Title VII case, the evidence considered by a peer review committee lay “at the heart” of the claim. They are not an appropriate basis on which to base a discovery objection. 7, 2022).

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Discovery Objections Evidence Litigation 130

E-Discovery LLC

OCTOBER 9, 2024

27, 2024), “boilerplate” objections were sustained on the specific facts presented. BOILERPLATE OBJECTIONS HAVE GENERALLY BEEN CONDEMNED Boilerplate objections have generally been condemned. See General Objections, Dracula, and “Whac a Mole” (Apr. In Jacobs v. The Journal Publishing Co., 2024 WL 4333199 (D. at 190, 192.

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Objections Discovery Interrogatories Admissibility 130

Temple University Beasley School of Law - Advocacy

NOVEMBER 9, 2023

” As otherwise described, “[t]his theory states that, whenever two objects come into contact, an exchange of materials occurs between them.” Mistek et al, , Toward Locard’s Exchange Principle: Recent Developments in Forensic Trace Evidence Analysis, [link] (last visited July 17, 2023). Genrich, ORDER, July 7, 2023.

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Evidence Admissibility Manufacturing Litigation 40

Evidence at Trial

OCTOBER 3, 2022

— Franklin Delano Roosevelt Too often in jury trials, attorneys mistakenly think getting evidence admitted is a dry and mechanical process separate and apart from the task of persuasion. They understand that every stage of trial should have the same objective: to argue your case to the jury. But would it be admissible?

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Admissibility Evidence Exhibits Objections 52

E-Discovery LLC

JUNE 25, 2024

c)(2) contentions, in reviewing the briefs and exhibits, it is evident that the communication issues addressed in the court’s January 11, 2024 order have not been resolved. 1] __ [1] The court addressed boilerplate objections in detail, id. The Norcold court addressed a number of other issues. [1] at *6, among other issues.

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Discovery Exhibits Interrogatories Objections 130

E-Discovery LLC

JULY 3, 2024

Wife requested that the court sanction Husband by precluding him from presenting evidence at trial. Ferko’s request for sanctions, struck Mr. Ferko’s complaint, and precluded testimony and evidence related to the issues of marital property, alimony, and attorney’s fees. Prior to trial, the trial court granted Ms.

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Discovery Cross-Complaint Evidence Admissibility 130

E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. This first blog addresses the admissibility of a “composite” video prepared by the prosecution. The court admitted the composite video over objection. at 509-510. State, 261 Md. 499 (2024).

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Admissibility Exhibits Cross-Examination Evidence 130

E-Discovery LLC

OCTOBER 17, 2024

It continued: “[D]eposing Mr. Nugent on conversations he had with the Town Supervisor would likely generate many privilege objections, as the attorney-client privilege could cover many of the topics the two discussed. The GLD3 decision does not discuss whether the quid pro quo offer, if any, was an inadmissible settlement proposal.

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Discovery Depositions Interrogatories Settlement Negotiations 130

Forensic Psychologist

FEBRUARY 15, 2020

Judges rule that any weaknesses in his method should go to the “weight” that jurors give Dr. Harm’s opinions, rather than the admissibility of his tests. Psychological tests hold a magical allure as objective truth. Attorneys may try to challenge him in court, but their protests usually fall flat.

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Evidence Admissibility Objections Construction 52

Expert Witness Blog

MAY 29, 2024

The court stated that GM did not object to Bloch being qualified on the subject of automotive design and safety. The court opined that these arguments go to the weight of the evidence, not their admissibility. Second, Bloch determined that alternative designs were feasible.

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Automotive Witnesses Admissibility Manufacturing 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. But with hearsay having so many exceptions, the most obvious objection may not be the most effective. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence.

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Evidence Witnesses Jury Instructions Objections 52

Evidence at Trial

MARCH 22, 2023

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. Harrison , 651 F.2d 2d 353, 355 (5th Cir. 1981); Gravert v.

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Evidence Hearsay Rule Witnesses Admissibility 52

Temple University Beasley School of Law - Advocacy

JULY 10, 2023

The constitutionally-permitted technique of seeking to prompt a confession by providing false incriminating evidence ( g. , “we have video showing you near the scene”) increases the risk of false confessions and at the least can alter a person’s memory of the event. “It A concern of yours is that Reid can lead to false confessions.

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Evidence Construction Objections Admissibility 52

E-Discovery LLC

AUGUST 16, 2024

That before-and-after authentication, plus a few other facts, was sufficient circumstantial evidence to authenticate the entire video. First can video evidence be authenticated when the authenticating witness lacked personal knowledge of all of the events portrayed in it? The bar for authentication of evidence is not high.”

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Witnesses Evidence Objections Admissibility 130

Evidence at Trial

MARCH 30, 2023

Cross-Examining Mr. Sanderson: Logic and Common Sense In a case like Paltrow , the objective when cross-examining the adverse party is clear: to debunk the opposition’s version of events. a “rule of the road”), and then (2) getting an admission that the witness broke the rule. Paltrow is a professional actor.

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Cross-Examination Witnesses Direct Examination Objections 52

Evidence at Trial

JANUARY 30, 2023

When it comes to hearsay exceptions in California, litigators will instinctively (and appropriately) consider the code sections found in Division 10 of the Evidence Code ( i.e. , Section 1200 et seq. ). Party admission? According to the prosecution’s evidence, Mr. Lawley had previously been robbed and beaten by a Kenneth Stewart.

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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. Courts expect jurors to adhere to strict guidelines that ensure their decision-making process is impartial and based on the evidence presented in the courtroom.

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Jury Deliberation Evidence Jury Selection Jury Instructions 40