Remove Admissibility Remove Expert Testimony Remove Witnesses
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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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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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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.