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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
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Witnesses, Avoid Absolutes

Your Trial Message

Ken Broda-Bahm: As they enter a deposition room, or approach the lectern for cross-examination at trial, opposing counsel is looking for an opportunity to make a few memorable points at your witness’s expense.

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COURT ALLOWS LATE WITNESS STATEMENT TO BE RELIED UPON: DENTON CRITERIA CONSIDERED

Civil Litigation Brief

In Titan Wealth Holdings Ltd & Ors v Okunola (Rev1) [2024] EWHC 2586 (KB) Mrs Justice Hill considered the Denton criteria when granting the claimant permission to rely on a witness statement served out of time. There was a good.

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Witnesses: Be Tough to Cross

Your Trial Message

By Dr. Ken Broda-Bahm: Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted directly against the other, jurors will sit forward a bit in their seats to see who gets the better end of […]

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WITNESS STATEMENTS DRAFTED BY LAWYERS: ANOTHER LOOK BACK

Civil Litigation Brief

Yesterday I wrote about the large numbers of posts about expert witnesses on this blog. These are probably matched by the cases that deal with judicial criticism of witness statements. Again this is a topic where, in choosing one post,

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ANOTHER WITNESS STATEMENT THAT DOES NOT COMPLY WITH THE RULES: THE CLAIMANT’S STATEMENT WAS “PARTICULARLY UNHELPFUL” AND LARGE IGNORED

Civil Litigation Brief

In Burns v Bridge & Anor [2024] EWHC 2620 (Ch) HHK Cawson KC, sitting as a High Court Judge, observed that the claimant’s witness statement did not comply with PD 57AC. The witness statement was, to all and intents and.

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WITNESS STATEMENTS, WITNESSES, EVIDENCE AND PSYCHOLOGY: GUIDANCE FROM THE EAST: ANOTHER EXAMPLE FROM A DECADE AGO THAT REMAINS RELEVANT

Civil Litigation Brief

We are looking again at the skills necessary to take accurate witness statements. Here we revisit a real gem of an article by Ula Cartwright-Finch and Alex Waksman of Herbert Smith Freehills on the accuracy of witness statements and the.