Affidavits Evidence Witnesses 
Next Generation E-Discovery Law & Tech Blog
AUGUST 30, 2023
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.
Evidence at Trial
DECEMBER 17, 2021
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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E-Discovery LLC
JULY 8, 2024
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).
E-Discovery LLC
JUNE 28, 2024
On April 4, 2020, a witness observed the stolen farm equipment on the farm. On April 11, a witness found it missing. Another witness saw an antique tractor being hauled away between April 3 and 5. He moved to suppress the fruits and made related arguments as to the shooting.
E-Discovery LLC
OCTOBER 6, 2024
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 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.
Forensic Psychologist
JANUARY 31, 2016
The hook to this story is protagonist Steven Avery’s prior exoneration: He served 18 years in prison for a rape of which he was ultimately exonerated by DNA evidence; just three years after his release, he was arrested for the unrelated murder and mutilation of another young woman in rural Manitowoc County, Wisconsin. It’s an intriguing hook.
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