Ethicking
FEBRUARY 20, 2025
Taking a break from everything being on fire to report this quick hit (h/t several people on BlueSky): every judge interprets the Daubert standard (or whatever standard applies in their state) a little different, but I assure you that a qualification for anyone to testify as an expert witness on any subject is that they must be alive.
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.’” Some states have codified the “official information” privilege. 2A:84A-27; Cal.
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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.
SW&L Attorneys Blog
JANUARY 17, 2025
It is usually written in sworn affidavits and declarations, documents requiring a notary, and applications obligating authenticity. It is also used audibly when swearing in witnesses for depositions and court proceedings, but in a different form. If the witness responds with I do, a sworn statement under oath has been made.
Evidence at Trial
DECEMBER 17, 2021
Put another way, if documents are not available, a witness may testify about the documents' content so long as (1) the testimony is "otherwise admissible," and (2) allowing the testimony is not unfair. Chambers objected to the above-affidavit, in particular objecting to the statement that "Synchrony's records show[ed] that.
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. Beginning Sentences: Always spell out numbers that start a sentence, regardless of their size.
E-Discovery LLC
OCTOBER 6, 2024
Based on these facts, an affidavit from IT Director Mr. Hughey, and an investigation by a technology consultant, Mr. Shapiro alleged that each of the individual defendants (and thus HHI, since they were acting in their official capacities) had accessed his emails unlawfully. Hughey deleted the account off the HHI computers. Hughey made.”
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