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." Crown appealed the trial court's ruling, and the Court of Appeal affirmed.

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Evidence Arbitration Affidavits Admissibility 52

E-Discovery LLC

MARCH 13, 2025

Defendants moved to stay discovery and asserted that courts stay discovery pending a fully dispositive motion, finding that judicial economy, the balance of hardships and equitable interests, and the lack of undue prejudice on nonmovants weigh in favor of a stay. cleaned up; citations omitted].

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Discovery Arbitration Litigation Mediation 130

E-Discovery LLC

FEBRUARY 23, 2025

22 asked: Identify each and every DOCUMENT or other piece of tangible evidence relevant to Plaintiff’s claims and Defendants’ defenses which has been lost, destroyed, or cannot be found. The Li court ruled that: The [court] GRANTS Defendants’ motion to compel and ORDERS Plaintiff to answer these rogs.

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Discovery Interrogatories Objections Court Rules 130

Practice of Law

SEPTEMBER 5, 2024

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.

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Evidence Admissibility Objections Pleadings 40

Discovery Advocate

JUNE 7, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.

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Subpoenas Discovery Litigation Court Rules 130

Discovery Advocate

JUNE 8, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.

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Subpoenas Discovery Litigation Court Rules 130

Securities Docket

OCTOBER 7, 2024

An SEC enforcement action against two financial firms and their managers over more than a billion dollars in investment losses raises factual issues about that must be decided by a jury, a federal court ruled. Harjani said Thursday for the US District Court for the Northern District of Illinois.

Court Rules 52

Court Rules Evidence 52

E-Discovery LLC

APRIL 2, 2025

I see three takeaways from the courts decision. The courts expertise in ESI issues, for example, protocol design, is clearly evident. When parties cannot agree, a court may find itself in the uncomfortable position of having to impose a methodology. A similar principle was stated in Fleury v. 2024 WL 1620613 (N.D.

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Discovery Litigation Precedent Court Rules 130

E-Discovery LLC

MARCH 26, 2025

It is evident that, in this case, Attorney XXXX has ignored his duty to refrain from discovery efforts that are unreasonable or unduly burdensome or expensive in the context of these proportionality factors.

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WA Bar News

JULY 10, 2024

In adjudicating the motion, the trial court was to determine whether the claim was based on an action involving public participation and petition. If so, the court then decided whether the plaintiff could prove by clear and convincing evidence a probability of prevailing on the claim. RCW 4.105.020(1). RCW 4.105.050.

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Discovery Pleadings Cross-Complaint Litigation 112

E-Discovery LLC

FEBRUARY 21, 2025

As to one document, the Courts review of the substance of each of the redacted paragraphs makes clear that the letter involves the application of legal principles relevant to discovery and evidence preservation to guide the future conduct of Defendants. Doug also posted: Discovery on Discovery Not Warranted, Court Rules (Aug.

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Discovery Litigation Privileged Communication Court Rules 130

Complex Discovery

JULY 9, 2024

Coinbase has also filed additional legal actions against the SEC and the Federal Deposit Insurance Corporation, seeking compliance with Freedom of Information Act requests related to cryptocurrency rule-making.

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Defense Strategy Precedent Discovery Depositions 122

Evidence at Trial

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. There's reference to an out-of-court statement? Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. Last month's Strobel v.

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Evidence Witnesses Jury Instructions Objections 52

Expert Witness Blog

MAY 13, 2024

The court states that two of his opinions (that there is no evidence of discrimination by the defendant and that same-day interpretive services are not reasonable) are excluded because these are legal opinions. Also, the court opines that two other of Mr.

Witnesses 52

Witnesses Admissibility Evidence Court Rules 52

WA Bar News

JUNE 11, 2024

should not be considered as evidence. a) prohibits a lawyer from using “means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.” Turner, 5 Washington Practice, Evidence Law and Practice § 103.8 (6th

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Depositions Witnesses Objections Discovery 98

Practice of Law

OCTOBER 11, 2024

She first presented a sufficiency-of-the-evidence argument, claiming that the prosecution had not submitted enough evidence to the court to show that she had violated the law. The court will also consider whether the law is applied equally to men and women, addressing potential constitutional issues of equal protection.

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Evidence Precedent Court Rules Case Law 75

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

Employees at Arch Insurance identified relevant ESI, but due to what the court identified as a lack of supervision by counsel, critical potential evidence was mishandled. The Court criticized Arch Insurance’s handling of the ESI search, describing the delay as indicative of “counsel’s disdain” for its discovery obligations.

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Insurance Jury Instructions Evidence Discovery 59

SW&L Attorneys Blog

NOVEMBER 8, 2024

The court ruled this as fraudulent and restored the assets to the marital estate, prioritizing the wife’s right to an equitable division of property. Johnson , the court awarded attorney’s fees due to one party’s financial concealment and subversion of the legal process, which prolonged litigation unnecessarily.

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Finance and Banking Subpoenas Litigation Evidence 85

Evidence at Trial

MARCH 22, 2023

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.

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Evidence Witnesses Hearsay Rule Admissibility 52

Complex Discovery

OCTOBER 21, 2024

Evidence collection in such environments can be complicated by government intervention, surveillance, or manipulation of digital content. In the realm of eDiscovery, the report underscores the growing difficulties in cross-border investigations, particularly in countries where online activity is heavily monitored or censored.

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Telecommunications Technology Court Rules Evidence 95

WA Bar News

SEPTEMBER 11, 2024

Recommendation : There is some uncertainty (until a Washington appellate court rules) about what can be waived in the statute as well as how to properly waive it. Examples include quick rulings on matters like schedule changes or extracurricular activities, where parents seeking the decision may not need or want formal confirmation.

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Arbitration Evidence Case Law Mediation 105

Law and Daily Life

OCTOBER 4, 2024

The evidence presented at trial were the five statements made by Church officials or in Church publications stating that no tithing funds were used for the project, the declarations from Nielsen and Clarke, and financial records showing the transfer of funds from Ensign Peak Advisors. He stated that all of the $1.2 That was last summer.

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Evidence Court Rules Objections Construction 61

Ethicking

JANUARY 10, 2025

I would also add, that to the point that a non-lawyer salesperson is providing communications regarding a lawyers services (as governed by Rules 7.1-7.3 7.3 , or Wisconsin Supreme Court Rules 20:7.1-7.4 Compensation should be disconnected from the fees that the client ends up paying.

Court Rules 52

Court Rules Evidence 52

WA Bar News

JULY 10, 2024

THESE NOTICES OF THE IMPOSITION OF DISCIPLINARY SANCTIONS AND ACTIONS are published pursuant to Rule 3.5(c) c) of the Washington Supreme Court Rules for Enforcement of Lawyer Conduct. Decision documents: Order Approving Stipulation; Stipulation to Reprimand; and Notice of Reprimand.

Real Estate 52

Real Estate Depositions Evidence Admissibility 52

CaseFox

OCTOBER 13, 2023

In legal words where battles are fought with words and evidence, there exists a crucial element that serves as a blueprint for the courtroom drama. Legal pleadings are crucial documents for the proceedings in the court. Rules of pleadings in court are a fundamental part of legal proceedings.

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Pleadings Cross-Complaint Counterclaim Evidence 52

WA Bar News

DECEMBER 17, 2024

Fucile In the course of a case, litigators typically make all sorts of statements to courts on the facts and the law. 2 Some are in briefs, while others are made in open court. along with the confidentiality rule, RPC 1.6, and the withdrawal rule, RPC 1.16. 9 Here, however, well focus on the ethics rule.

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Pleadings Witnesses Arbitration Litigation 52

Practice of Law

SEPTEMBER 18, 2024

The plaintiffs claim that this extensive list lacks historical precedent and violates the Second Amendment, as interpreted by recent Supreme Court rulings, particularly New York State Rifle & Pistol Association v. In deciding the case, SCOTUS established a two-step methodology for deciding Second Amendment challenges.

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Precedent Court Rules Evidence Litigation 40

WA Bar News

OCTOBER 8, 2024

Washington adopted the then-ABA Model Rule in 1985 when moving from the former Code of Professional Responsibility to RPCs patterned on the ABA Model Rules. 14 Further amendments to the rule and accompanying comments were adopted in 2015 and 2019 to reflect Washington limited license legal practitioner (LLLT) practice.

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Witnesses Objections Litigation Court Rules 105

CaseFox

OCTOBER 13, 2023

In legal words where battles are fought with words and evidence, there exists a crucial element that serves as a blueprint for the courtroom drama. Legal pleadings are crucial documents for the proceedings in the court. Rules of pleadings in court are a fundamental part of legal proceedings.

Pleadings 40

Pleadings Cross-Complaint Counterclaim Court Rules 40

Destination Articles Blog

DECEMBER 17, 2024

Supreme Court ruled in Bates v. Statements like “ the lowest fees” must be supported by evidence. Carefully Choose Your Descriptors Under ABA Rule 7.2 , specific descriptors that imply specialization or expertise are prohibited unless you are formally certified in that area of law.

Education 52

Education Legal Services Restitution Court Rules 52

E-Discovery LLC

JUNE 5, 2024

While there were many issues on appeal, one was whether evidence of her internet searches related to termination of a pregnancy was properly admitted on the facts presented. The decision to admit that evidence was affirmed by the intermediate appellate court. See Case No. The facts were awful. Akers was pregnant. On appeal, Ms.

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Admissibility Evidence Voir Dire Objections 130

IP Whiteboard

NOVEMBER 19, 2020

of the Federal Court Rules of documents that refer to, relate to or record, among other things, the relationship between the prospective respondent and each of its suppliers including Codimark. of the Federal Court Rules. the prospective respondent) in accordance with that rule. of the Federal Court Rules.

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Discovery Court Rules Retail Evidence 52

Evidence at Trial

JANUARY 30, 2023

When it comes to hearsay exceptions in California, litigators will instinctively (and appropriately) consider the code sections found in Division 10 of the Evidence Code ( i.e. , Section 1200 et seq. ). Section 356 is a fairly simple rule but, as the cases below explain, there are a couple principles to keep in mind. Party admission?

Admissibility 52

Admissibility Evidence Witnesses Court Rules 52

E-Discovery LLC

JUNE 1, 2024

I suggest that there is a better mousetrap that balances the Court’s need, in light of its heavy caseload, to efficiently handle unremarkable, dispute-resolution appeals in unreported, nonprecedential decisions, with a litigant’s countervailing natural desire to cite any supporting judicial decision, whether reported or not.

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Precedent Discovery Admissibility Litigation 130

Joseph, Hollander & Craft

MARCH 7, 2025

However, many people do not realize that the procedural rule requiring police to expressly advise arrestees of their rights did not apply until a series of landmark 1960s Supreme Court cases, culminating in Miranda v. In general, a custodial confession given without a prior Miranda warning is not admissible in court. 436 (1966).

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Admissibility Evidence Witnesses Court Rules 52

Forensic Psychologist

AUGUST 14, 2016

Supreme Court rulings, such offenders must have a mental disorder in order to qualify for prolonged detention after they have served their prison terms. “It This, Judge Conviser noted, is strong evidence against the government’s position that hebephilia is “generally accepted” by the relevant scientific communities.

Construction 52

Construction Evidence Court Rules Admissibility 52

Joseph, Hollander & Craft

JULY 3, 2024

What changes, however, in the event of an inadvertent breach would be the applications of Rules 8.3(b)–(d) An inadvertent breach is not likely to be a crime or evidence of dishonesty. It also seems unlikely that an inadvertent breach without intent to release documents would be deemed punishable under Rule 8.4(d).

Real Estate 52

Real Estate Court Rules Education Evidence 52