Evidence at Trial

DECEMBER 17, 2021

But this general rule of admissibility does not apply if the court finds either (1) a genuine dispute exists concerning material terms of the writing and justice requires its exclusion, or (2) admission of the secondary evidence would be unfair. The trial court sustained Ms. [The Id , §1521(a)(1), (2).

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

The court cited an affidavit submitted by an eDiscovery expert witness who noted that when X1 Social Discovery was used to collect from the Plaintiff’s Facebook account, key evidence that existed prior to the litigation was missing because it had been deleted by the Plaintiff prior to the X1 Social Discovery collection.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 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." Pretty dull.

Evidence 52

Evidence Witnesses Hearsay Rule Admissibility 52