Affidavits Evidence Witnesses 
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).
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
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.
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.
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.”
Legal Writing Launch
SEPTEMBER 16, 2024
Example: Twenty-one affidavits proved the defendants liability. instead of 21 affidavits proved the defendants liability. Example: Eighteen witnesses testified. instead of 18 witnesses testified. Use Statistics Wisely: Statistics can bolster your position by providing empirical evidence.
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.
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