Evidence at Trial

SEPTEMBER 9, 2024

Both the Federal Rules and California's Evidence Code define hearsay as a "statement" that is "offered to prove the truth of the matter" either "stated" (California) or "asserted" (Federal). And on most occasions, hearsay involves a "statement" as that term is generally understood. But could it be hearsay?

Hearsay Rule 52

Hearsay Rule Witnesses Evidence 52

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." What if the documents are lost or missing? Code § 1521(a). Code § 1271.

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

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.

Evidence 52

Evidence Hearsay Rule Witnesses Admissibility 52

Evidence at Trial

APRIL 7, 2023

But does Noise provide the plaintiff with actual usable evidence? Tyler's Autobiography: An Evidentiary Analysis When it comes to analyzing the admissibility of evidence, having a methodical approach is imperative. The figure below illustrates the approach: That Tyler's book excerpts are relevant is almost self-evident.

Admissibility 52

Admissibility Hearsay Rule Pleadings Evidence 52