article thumbnail

The “Silent Witness” Theory of Authentication of Video Evidence

E-Discovery LLC

See Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video (Mar. The “silent witness theory” was used in Cleveland v. The Supreme Court of Maryland is considering a challenge to authentication of video evidence using the “pictorial testimony theory.” State, 2024 WL 2149996 (Apls.

Evidence 130
article thumbnail

Authentication Article by Paul Mark Sandler

E-Discovery LLC

22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.” In Authentication is key to direct and cross-examination (thedailyrecord.com) (Aug.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Top 5 Tips: Taking Depositions in a Post-Pandemic World

Attorney at Work

Exchanging exhibits during a remote deposition or trial is a crucial component that is often not addressed in web-conferencing tools. Additional accommodations must be in place for a way to introduced and distribute exhibits. These can often be addressed by an exhibit-specific tool used in conjunction with the web-conferencing tool.

article thumbnail

TALES FROM THE LEGAL ACTION GROUP HOUSING LAW CONFERENCE (1): BUNDLES (OF COURSE): WHERE DO EXHIBITS TO WITNESS STATEMENTS GO IN THE TRIAL BUNDLE?

Civil Litigation Brief

I spent last Friday slightly outside my comfort zone lecturing at the Legal Action Group Housing Law Conference, some aspects of which will feature in future blog posts. Needless to say all the housing lawyers were lovely and I went.

article thumbnail

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2

E-Discovery LLC

Neither of the testifying detectives witnessed the events about which they testified. The Maryland Supreme Court recently held that a witness can authenticate a video that contains images the witness did not see. Can a witness authenticate a video if the video contains images that the witness did not see?

article thumbnail

Trial Exhibits: Numbered or Alphabetical? Does It Really Make a Difference?

Gerry Oginski's New York Legal Blog

You might think "Who cares about trial exhibits and what you call them?" In every trial, we need to use exhibits. We have enlargements that the jury can follow as a witness reads from a piece of paper. Every case involves exhibits. Let's say an attorney wanted to show a photograph to a witness. "Mr.

article thumbnail

How to Prepare for Your First Mock Trial

Jonathan Leach LLC

This includes case briefs, witness statements, exhibits, and relevant statutes or legal precedents. Summarize the facts, jot down key points from witness statements, and organize notes for easy reference later. Plan your direct and cross-examinations of witnesses.