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Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

E-Discovery LLC

31, 2024), the intermediate appellate court addressed an important issue of authentication of surveillance video by a lay witness. That witness was permitted to authenticate a video under the silent witness theory. The Appeals Court disagreed and affirmed, applying the silent witness doctrine. State, 487 Md.

Witnesses 130
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Lighting & Illumination Expert Witness Case Summary

Expert Witness Blog

1997), the Missouri Court of Appeals addressed the admissibility of expert testimony concerning lighting conditions in a premises liability lawsuit. The involvement of a Lighting & Illumination Expert Witness was central to the court’s analysis. Bi-State Development Corporation , 949 S.W.2d

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Human Factors Expert Witness Case Summary

Expert Witness Blog

May 25, 2022), the Tennessee Court of Appeals examined the admissibility and impact of expert testimony in a premises liability lawsuit. The involvement of a Human Factors Expert Witness was central to the court’s analysis. City of Franklin, Tennessee , No. M2021-00877-COA-R3-CV (Tenn.

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Railroad Expert Witness Case Summary

Expert Witness Blog

30, 2024), the California Court of Appeal addressed the admissibility of expert testimony in a negligence lawsuit filed under the Federal Employers Liability Act (FELA). The court’s decision hinged significantly on the proposed testimony of a Railroad Expert Witness.

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From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Complex Discovery

Key recommendations include: Pretrial Evidentiary Hearings: Judges should require early disclosure of potential deepfake-related evidence, enabling discovery and the use of expert witnesses to authenticate digital materials.

Evidence 111
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IS DAUBERT GATEKEEPING MORE STRINGENT THAN EVER?

Temple University Beasley School of Law - Advocacy

The change to that Rule requires the proponent of the expert testimony to prove to the Judges satisfaction that it is more likely than not that (c) the testimony is the product of reliable principles and methods; and (d) the experts opinion reflects a reliable application of the principles and methods to the facts of the case.

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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. And when it comes to expert opinion testimony, there can be even more uncertainty. It says, in essence, a qualified expert may provide opinion testimony if a checklist of conditions is met.