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Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

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.

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CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

Review issues & exhibits to be used Defense Witnesses  Review interrogatory disclosures & summarize for possible use in cross  Review deposition testimony & make summaries  Index any deposition exhibits  Review any videotaped depositions for use of excerpts in cross examination  Ensure they have reviewed all relevant exhibits involving (..)

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A SIMPLE SUMMARY OF TRIAL CONCEPTS

Plaintiff Trial Lawyer Tips

Decisions are not simply made on the basis of intellectual analysis of the testimony and evidence. The primary factors prevail over facts, evidence and logical reasoning. We should survey facts, case evidence and case issues through representative groups of people. Emotion plays a huge role. The importance of focus studies.

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Three Key eDiscovery Lessons from Domus BWW Funding v. Arch Insurance Company

Next Generation E-Discovery Law & Tech Blog

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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USING A “REPTILE” STYLE OPENING STATEMENT

Plaintiff Trial Lawyer Tips

Based this argument on jury instruction Cover each item one by one & explain 7 WHAT CAN THE JURY DO ABOUT IT? We are simply explaining the relevant industry standards and regulations that will be presented as evidence to show how the defendant’s actions fell below the required level of care.

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2024 Litigation Resolutions for All Litigators

Sound Jury Blog

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?

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The Power of Media Coverage: How it Shapes Jurors’ Perceptions and How Scientific Jury Analysis Can Help Mitigate Bias

Jury Analyst

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.