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The “Silent Witness” Theory of Authentication of Video Evidence

E-Discovery LLC

The Supreme Court of Maryland is considering a challenge to authentication of video evidence using the “pictorial testimony theory.” See Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video (Mar. The “silent witness theory” was used in Cleveland v. State, 2024 WL 2149996 (Apls.

Evidence 130
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Authentication Article by Paul Mark Sandler

E-Discovery LLC

22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.” In Authentication is key to direct and cross-examination (thedailyrecord.com) (Aug.

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Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2

E-Discovery LLC

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Neither of the testifying detectives witnessed the events about which they testified. Can a witness authenticate a video if the video contains images that the witness did not see?

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How to Prepare for Your First Mock Trial

Jonathan Leach LLC

This includes case briefs, witness statements, exhibits, and relevant statutes or legal precedents. Summarize the facts, jot down key points from witness statements, and organize notes for easy reference later. Discuss which side needs to prove what and what the standards of evidence are needed.

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Top 5 Tips: Taking Depositions in a Post-Pandemic World

Attorney at Work

Exchanging exhibits during a remote deposition or trial is a crucial component that is often not addressed in web-conferencing tools. Additional accommodations must be in place for a way to introduced and distribute exhibits. These can often be addressed by an exhibit-specific tool used in conjunction with the web-conferencing tool.

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Trial Exhibits: Numbered or Alphabetical? Does It Really Make a Difference?

Gerry Oginski's New York Legal Blog

You might think "Who cares about trial exhibits and what you call them?" In every trial, we need to use exhibits. We have medical records we need to get into evidence. We have enlargements that the jury can follow as a witness reads from a piece of paper. Every case involves exhibits. "Great.

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Persuasive Shortcuts: Document Summaries In Federal and California Courts

Evidence at Trial

— Franklin Delano Roosevelt Too often in jury trials, attorneys mistakenly think getting evidence admitted is a dry and mechanical process separate and apart from the task of persuasion. Our first exhibit was a table of unpaid invoices that we contended were owed to our client. This exhibit would be clear, concise and nonboring.