E-Discovery LLC

AUGUST 16, 2024

The identification of non-custodial sources of data is a foundational issue, and you don’t get to make an objection to the other side’s disclosure and then hold on to that objection forever and ever, and years later ask to start the whole process over from scratch. Which side offers the sponsoring witness? emphasis added].

Interrogatories 130

Interrogatories Discovery Depositions Litigation 130

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." Even simpler, the secondary evidence rule cannot be used as an end-run around the rules of evidence.

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

Lawmatics

APRIL 18, 2024

Retainer agreement details Payment preferences Conflicts: Any potential conflicts of interest with the law firm or its attorneys Previous relationships with opposing parties or attorneys Documentation: Copies of relevant documents (contracts, agreements, court orders, etc.)

Witnesses 130

Witnesses Insurance Healthcare Construction 130

E-Discovery LLC

AUGUST 16, 2024

Can a witness authenticate a video if the video contains images that the witness did not see? Here, the authenticating witness saw what happened before and after the shooting, as shown on the video, but he did not see the shooting that was also shown on the video. Second , the “silent witness” theory is available.

Witnesses 130

Witnesses Evidence Objections Admissibility 130

Gerry Oginski's New York Legal Blog

JUNE 26, 2018

That would be awesome if that were a proper legal objection. "Judge, What will he accomplish by yelling out "OBJECTION JUDGE! The point is that when you stand up and make an objection, it's supposed to be because the lawyer is doing something that's causing you concern. "Judge, HE'S WHINING!"

Objections 52

Objections Witnesses Evidence 52

Civil Litigation Brief

SEPTEMBER 24, 2024

There are many interesting aspects of the judgment of HHJ Melissa Clarke (sitting as a judge of the High Court) in Wilson v Ministry of Justice [2024] EWHC 2389 (KB). Here I want to concentrate upon the judgment relating to.

Objections 52

Objections Evidence Witnesses 52

Newport Beach California Business Litigation Law B

FEBRUARY 14, 2024

Divided loyalties A conflict of interest arises when a person has competing loyalties or interests that prevent them from acting objectively. Missed opportunities Attorneys with conflicts of interest might not raise valuable arguments or objections that could bolster your case.

Objections 52

Objections Evidence Witnesses 52

Plaintiff Trial Lawyer Tips

JUNE 27, 2024

QUALIFICATIONS 1. SEE WITNESSES biography (a) BIRTH DATE (b) MARITAL STATUS 2 GENERAL EDUCATION OUTLINE: SCHOOLS APPLIED FOR & REJECTED? GENERAL BIAS 1. Involvement in this Case: (1) HOW BECAME INVOLVED IN THIS CASE (2) INVOLVEMENT WITH EXPERT WITNESS AGENCY? 3. DEGREES 4.

Depositions 100

Depositions Witnesses Expert Testimony Discovery 100

Evidence at Trial

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. But with hearsay having so many exceptions, the most obvious objection may not be the most effective. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence.

Evidence 52

Evidence Witnesses Jury Instructions Objections 52

Jonathan Leach LLC

DECEMBER 11, 2023

Participants of mock trials in El Paso will learn how to construct compelling arguments, effectively present evidence, and cross-examine witnesses. Mock trial participants can perfect their public speaking skills by presenting opening and closing statements, examining witnesses, responding to objections, and interacting with the jury.

Cross-Examination 52

Cross-Examination Construction Legal Research Witnesses 52

Jury Analyst

JULY 11, 2023

Some of the resulting “psychological” claims include: Cabinetmakers are meticulous and so will never be satisfied with the evidence. Pseudoscience is based on subjectivity and intuition, rather than objectivity and empiricism. Science is only meant to objectively test whether or not those intuitions hold up when put to the test.

Voir Dire 40

Voir Dire Jury Selection Jury Deliberation Evidence 40

The Cloud Court Blog

FEBRUARY 20, 2024

the following question about testimony: “Is sworn testimony properly considered to be evidence under the Federal Rules of Evidence?” Sworn testimony, which consists of statements made by witnesses under oath or affirmation in court, falls under this definition. I was reminded of that reason today when I asked ChatGPT 4.0

Evidence 52

Evidence Objections Witnesses Technology 52

Evidence at Trial

OCTOBER 3, 2022

— 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. They understand that every stage of trial should have the same objective: to argue your case to the jury. But would it be admissible?

Admissibility 52

Admissibility Evidence Exhibits Objections 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

CaseFox

SEPTEMBER 7, 2023

By grasping the significance of an incident report, you can secure vital evidence for your injury claim. It’s valuable evidence for your case, outlining circumstances officially. Preserving Evidence- Obtaining an incident report immediately after the fall or assault is essential for preserving evidence.

Evidence 52

Evidence Witnesses Insurance Objections 52

Forensic Psychologist

FEBRUARY 15, 2020

Psychological tests hold a magical allure as objective truth. New report slams "junk science” psychological assessments In one of two significant developments, a group of researchers today released evidence of systematic problems with the state of psychological test admissibility in court.

Evidence 52

Evidence Admissibility Objections Construction 52

Jury Analyst

JULY 17, 2023

We discussed how bias can lead to biased evaluations of evidence and witness testimony, as well as the tendency to favor information that aligns with preexisting beliefs during jury deliberations. The scientific approach to jury selection implements safeguards against human bias and uses objective methods.

Jury Selection 40

Jury Selection Voir Dire Jury Instructions Objections 40

CaseFox

DECEMBER 21, 2023

Discovery is the process by which parties exchange information and evidence. The Burden of Proof : This refers to the responsibility that the plaintiff (the party bringing the case) must demonstrate sufficient evidence of their claims. Charging and Arrest : Authorities may formally charge the accused upon gathering sufficient evidence.

Litigation 52

Litigation Evidence Burden Of Proof Objections 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 6, 2023

In order for the legal process to successfully uphold the ideal of a defendants’ right to a fair trial, jurors must evaluate the evidence that informs the verdict in a fair and impartial manner. These pre-existing beliefs can color their perception and evaluation of the evidence.

Jury Selection 40

Jury Selection Litigation Jury Deliberation Evidence 40

CaseFox

SEPTEMBER 28, 2023

How many times have you heard an attorney or lawyer in a court say, “Objection, Your Honor!” But have you wondered what these are and how many types of objections are in court? Court objections are basically when a trial attorney objects to the opposing counsel’s questions or the testimony of the witness.

Objections 52

Objections Witnesses Evidence Cross-Examination 52

Evidence at Trial

MARCH 30, 2023

Cross-examining Gwyneth Paltrow would be challenging because, unlike most percipient witnesses, she is obviously comfortable communicating to strangers and appearing in front of a camera. Paltrow is going to be a compelling witness, but beware: Ms. An objection is likely made here, but it doesn’t matter.

Cross-Examination 52

Cross-Examination Witnesses Direct Examination Objections 52

E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Maps of the neighborhoods were admitted into evidence, showing the locations of the cameras by number and direction each camera was facing. The court admitted the composite video over objection.

Admissibility 130

Admissibility Exhibits Cross-Examination Evidence 130

WA Bar News

OCTOBER 8, 2024

In another circumstance, we may be contacting an unrepresented fact witness. With an unrepresented party or witness, our conduct is guided by RPC 4.3, In some instances, such as a short call with a tangential witness, a quick file note may be sufficient. which is titled “Dealing With Person Not Represented by a Lawyer.”

Witnesses 84

Witnesses Objections Litigation Court Rules 84

The Cloud Court Blog

AUGUST 17, 2022

How do you overcome these aphoristic objections? If they skillfully use document review solutions and run SQL queries in a relational database, they’ll probably jump at having AI tools performing advanced tasks like generating adverse witness response analyses. That is: “If everyone can’t use it, no one can use it.”

Depositions 52

Depositions Objections Litigation Witnesses 52

IP Whiteboard

JULY 19, 2021

The degree of objective similarity of the works, and the causal connection between them, was sufficient to establish that the former must be a reproduction or adaptation of the latter. The need for both punishment and deterrence was high in light of the false evidence given by Palmer (which included concocting a story to exculpate himself).

Media and Entertainment 40

Media and Entertainment Evidence Objections Discovery 40

E-Discovery LLC

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”

Evidence 130

Evidence Discovery Affidavits Litigation 130

Forensic Psychologist

DECEMBER 14, 2023

The decisions the outside arbitrators wrote heavily favored prison guards, even in the face of strong evidence against them. Current and former arbitrators say the system has a limited role: to protect a worker from a supervisor’s unfair decision, based on the evidence. And yet we let it go on and on.”

Arbitration 52

Arbitration Evidence Witnesses Objections 52

Evidence at Trial

JANUARY 30, 2023

When it comes to hearsay exceptions in California, litigators will instinctively (and appropriately) consider the code sections found in Division 10 of the Evidence Code ( i.e. , Section 1200 et seq. ). According to the prosecution’s evidence, Mr. Lawley had previously been robbed and beaten by a Kenneth Stewart. Party admission?

Admissibility 52

Admissibility Evidence Witnesses Court Rules 52

Joseph, Hollander & Craft

MAY 6, 2024

Anne artfully cross-examined the plaintiff’s own expert witnesses to support the client’s defense and cast doubt on the actions of others. “We My client was a woman with a history of abuse at the hands of her boyfriend—abuse that was witnessed by others,” Jess said. Fortunately, the judge saw that her actions were clearly self-defense.”

Education 52

Education Mediation Finance and Banking Healthcare 52

Gerry Oginski's New York Legal Blog

JUNE 1, 2017

All the witnesses have testified. All the exhibits have been introduced as evidence. " This argument will get an immediate objection from Nogoodnick's trial attorney. "OBJECTION "OBJECTION JUDGE! This up and down emotional high and low is known to occur in every single trial. It happens on both sides.

Closing Argument 52

Closing Argument Jury Selection Objections Exhibits 52

Forensic Psychologist

SEPTEMBER 3, 2015

A colleague recently commented on how favorably impressed he was about the open-mindedness of two other forensic examiners, who had had the courage to change their opinions in the face of new evidence. Glibness" and "superficiality," for example, cannot be objectively measured.) My colleague's admiration was short-lived.

Objections 52

Objections Evidence Witnesses 52

Forensic Psychologist

SEPTEMBER 25, 2018

And what better object of display than the penis itself, the instrument of maleness brandished as a weapon to denigrate a drunken woman and establish her gendered powerlessness. Deer on wall of shed where Amber Wyatt was raped (police evidence photo) I was involved in one such case recently, in which a rape allegation mysteriously vanished.

Evidence 52

Evidence Witnesses Objections 52

The Cloud Court Blog

AUGUST 5, 2022

It resonates because I know the same is true of both witnesses and lawyers. For most of its history, important draft decisions in baseball were made based on superficial factors that trumped objective data. Now, picking a witness can be hard. Appearances can be, and often are, deceiving. Sometimes profoundly so.

Litigation 52

Litigation Witnesses Objections Depositions 52