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

Next Generation E-Discovery Law & Tech Blog

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

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California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.

Evidence at Trial

California's secondary evidence rule (Cal. 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.

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The Federal “Official Information” Privilege

E-Discovery LLC

In order to assert it: “The objection must be accompanied by a declaration or affidavit ‘from a responsible official within the agency who has personal knowledge of the principal matters to be attested to in the affidavit or declaration.’” For more, see Mark S. 142 (1976); K. Graham, Federal Prac. & & Proc. 5676 (1 st ed).

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Multiplicity: I Got It — There’s a Lot of Them

Attorney at Work

An exception is for technical or precise words such as “affidavit.” If you assert that there are a whole bunch of things and your opponent shows evidence that there are many fewer, your entire case may be tarnished. Repeated use of long words like “multiplicity” comes across as pompous, not learned. Multiplicity” can be vague.

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Geofence Search Warrant Held Valid

E-Discovery LLC

The police affidavit stated: Based on that information, the affiant requested permission to search Google’s business records for “anonymized DeviceID data” of cell phone users that reported a location within a 100-meter radius of the main residence of the [victim’s] Frederick Road property between April 3 and April 11, 2020.

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Passing of Senate Bill 458 Helps Reform Civil Asset Forfeiture in Kansas

Joseph, Hollander & Craft

Substantial due process protections implemented by the bill include a requirement that commencement of forfeiture proceedings be supported by a probable cause affidavit, a requirement that clear and convincing evidence support a final forfeiture order, and a requirement that courts consider whether forfeiture is excessive under the circumstances.

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Everything You Need to Know About Motion Practice 

CaseFox

The party filing the motion to dismiss contempt of the court must have compelling evidence and argument. This evidence should show contempt charges are false or unwarranted. It is to suppress evidence, summary judgment or a new trial, or any other relief you want from the court. Gather-Evidence 4.