Remove Affidavits Remove Evidence Remove Objections
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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

Defendants objected asserting (in part) that the request sought “information protected from disclosure by official information privilege ….” Therefore, it overruled the objection. Plaintiffs’ Request for Production No. 63 asked for production of three defendants’ “entire” personnel file. at *2, 5 (emphasis added). citation omitted). [2]

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Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

E-Discovery LLC

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”

Evidence 130
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Judicial Notice: Four Must-Know Rules

Evidence at Trial

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. Must-Know Rule #2: A Substitute for Evidence Cannot Bypass Relevance Like any rule of evidence, the details mustn't swallow the whole. Harrison , 651 F.2d 2d 353, 355 (5th Cir. 1981); Gravert v.

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SCOTUS Expands Right to Sue Police Who Bring Baseless Charges

Practice of Law

But the jeweler also refused them, saying that he had just received a letter from the police department telling him he should retain the ring as evidence. When the officers had applied for an arrest warrant, they had to fill out an affidavit making the case for probable cause on all three charges.

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Do You Really Need to Ask for Metadata?

Joshua Gilliland

I would argue that both violates the Federal Rules of Civil Procedure and would make a solid argument for the willful destruction of evidence if an attorney is erasing track changes and other file history. I think there is a strong argument that ESI without metadata is not in a reasonably useable form, as it hinders document review.

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Why You Should Hire a Canadian Immigration Lawyer

CaseFox

Additionally, they devise a personalized strategy to help you achieve your immigration objectives. Expertise in Documentation The immigration process necessitates extensive documentation, including forms, affidavits, supporting documents, and evidence. They can then help you formulate a strong appeal to challenge the decision.