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.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

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 found Arch Insurance’s actions caused prejudice to the Plaintiffs in the form of delays, costs and lost evidence, justifying sanctions under Rule 37(e)(1).

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Insurance Jury Instructions Evidence Discovery 59

Jury Analyst

MAY 19, 2023

The judicial system strives to provide fair and impartial trials, relying on jurors to evaluate evidence and make informed decisions. This blog post delves into the influence of media coverage on jurors’ perceptions of evidence and defendants, drawing upon the rich body of research in social psychology.

Jury Selection 40

Jury Selection Jury Instructions Voir Dire Evidence 40

Sound Jury Blog

JANUARY 8, 2024

Instead, write your closing based on the answers to these three questions: 1) What evidence or testimony is most true on its face? Doing so arms jurors with critical evidence which they can use to fight for your side. And 3) How do you want jurors to apply the jury instructions to the verdict form questions?

Litigation 52

Litigation Jury Selection Closing Argument Depositions 52

Evidence at Trial

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. If a key piece of evidence is excluded, pivoting to "Plan B" is essential. Last month's Strobel v.

Evidence 52

Evidence Witnesses Jury Instructions Objections 52

Jury Analyst

JULY 17, 2023

In the previous articles of our series on confirmation bias, aka Perception Bias in the legal system, we explored the profound impact of confirmation bias on jury selection and decision-making processes. Based on what we know of human psychology, it is not likely they will revise their theory based on the disconfirming evidence.

Jury Selection 40

Jury Selection Voir Dire Jury Instructions Objections 40

Sound Jury Blog

SEPTEMBER 5, 2023

During mock trials and in trial postmortems, attorneys seem especially angry about jurors “not understanding the case,” “not applying the law,” and/or “ignoring (forgetting) critical evidence.” While it’s likely an obvious list, it’s a list that is often ignored or forgotten – a bit like much of the evidence in trial.

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Witnesses Jury Instructions Evidence Opening Statement 52