Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

In fact, given the unfortunately extensive but erroneous reliance on screenshots of social media evidence, The Best Evidence Rule could be cited far more frequently by opposing counsel seeking to contest the admission of such evidence. A case out of the federal courts in Texas addressed this issue head on.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

Evidence at Trial

NOVEMBER 27, 2021

Judicial Council Of California Civil Jury Instruction 202, Judicial Council Of California Civil Jury Instruction 202. Because there was no agreement among competing experts, the Court concluded that the methodologies relied on by the experts went to the "weight of the testimony and not the admissibility."

Evidence 52

Evidence Witnesses Jury Instructions Objections 52

E-Discovery LLC

NOVEMBER 29, 2024

Plaintiff seeks limited discovery regarding the missing documents and a negative inference jury instruction regarding the contents of Vanderpool’s and Dupree’s personnel files and the missing emails. As to “trigger,” see generally Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?

Burden Of Proof 130

Burden Of Proof Evidence Discovery Litigation 130

Jury Analyst

MAY 22, 2024

Acknowledging these instances prompts a reflection: How can the justice system enhance the integrity of jury deliberations to uphold fair trial standards? Unheeded Jury Instructions: More Than Just Guidelines A judge’s instructions to jurors serve as the bedrock upon which impartiality and legal fidelity rest.

Evidence 40

Evidence Jury Deliberation Jury Selection Jury Instructions 40

Jury Analyst

MAY 22, 2024

Acknowledging these instances prompts a reflection: How can the justice system enhance the integrity of jury deliberations to uphold fair trial standards? Unheeded Jury Instructions: More Than Just Guidelines A judge’s instructions to jurors serve as the bedrock upon which impartiality and legal fidelity rest.

Evidence 40

Evidence Jury Deliberation Jury Selection Jury Instructions 40

Practice of Law

SEPTEMBER 9, 2024

Among other issues, the panel ruled that the district court improperly intruded on the jury's role, excluded relevant evidence, provided inaccurate jury instructions, and mishandled a mid-deliberation jury question. The court purported that vacating was necessary due to several trial errors.

Jury Instructions 45

Jury Instructions Evidence Jury Deliberation Admissibility 45