Evidence at Trial

DECEMBER 17, 2021

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." Even simpler, the secondary evidence rule cannot be used as an end-run around the rules of evidence. Code § 1521(a).

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

Evidence at Trial

MARCH 22, 2023

Must-Know Rule #2: A Substitute for Evidence Cannot Bypass Relevance Like any rule of evidence, the details mustn't swallow the whole. Just because something is judicially noticeable does not mean it's admissible. Further, a proper foundation was not laid for the admission of statements in Hoich's book." Hoich , 560 F.3d

Evidence 52

Evidence Witnesses Hearsay Rule Admissibility 52

Evidence at Trial

APRIL 7, 2023

Tyler's Autobiography: An Evidentiary Analysis When it comes to analyzing the admissibility of evidence, having a methodical approach is imperative. Especially in the heat of trial, the ability to quickly (and accurately) analyze admissibility is a must-have skill. Party Admissions v. So is the evidence inadmissible?

Admissibility 52

Admissibility Hearsay Rule Pleadings Evidence 52

Temple University Beasley School of Law - Advocacy

JANUARY 23, 2025

Because the Constitution matters as a check on errors in the admission or exclusion of evidence. Holmes that the Due Process right to present a defense could overcome state rules of evidence excluding certain forms of proof that would support a claim that another person committed the crime; and it did so even earlier, in 1979 in Green v.

Evidence 40

Evidence Hearsay Rule Admissibility Precedent 40