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Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

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.

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Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up.

Evidence at Trial

Judicial Council Of California Civil Jury Instruction 202, Judicial Council Of California Civil Jury Instruction 202. With respect to opinion number 7, Dr. Longo had presented these test results through testimony and expert reports in other asbestos litigation against J&J. In Strobel v.

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Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

E-Discovery LLC

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?

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Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

Litigants expect a fair trial, and introducing external evidence violates this expectation. As such, educational efforts and stricter controls are continuously implemented to safeguard the sanctity of jury deliberations. Pronounced jury misconduct can lead to civil litigation.