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

Sound Jury Blog

JANUARY 8, 2024

From a time standpoint, it can also be used to jumpstart a number of activities that you need to tackle anyway: your jury selection strategy, writing opening, creation of graphics, and writing of witness outlines. This year, kill multiple birds with one jury research stone.

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

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. by this witness).

Witnesses 52

Witnesses Jury Instructions Evidence Opening Statement 52

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

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

Practice of Law

SEPTEMBER 9, 2024

An Overeager Judge On February 14, 2022, while the jury was still deliberating, Judge Rakoff ruled in favor of the defendants, under Federal Rule of Civil Procedure 50. He concluded that no reasonable jury could find actual malice by clear and convincing evidence.

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Jury Instructions Evidence Jury Deliberation Admissibility 45