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

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. When asked to explain how, the defense attorney stated that in future cases, "the defendants' attorneys will simply ask the court to take judicial notice of the [expert witness'] testimony." Judicial notice?

Evidence 52

Evidence Hearsay Rule Witnesses 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