Joseph, Hollander & Craft

AUGUST 7, 2025

In a criminal case, the prosecution bears the burden of proof and must therefore introduce evidence of the defendant’s guilt. Another problem may arise if there is any evidence of inconsistent information regarding the date the evidence was found, stored, moved, examined, or tested.

Chain Of Custody

Jonathan Leach LLC

JUNE 10, 2024

Then, clarify the burden of proof for each side. Plan your direct and cross-examinations of witnesses. Be prepared to address challenges to the admissibility of your evidence. Discuss which side needs to prove what and what the standards of evidence are needed. Organize all your evidence in a logical order.

Burden Of Proof

E-Discovery LLC

NOVEMBER 29, 2024

As to “trigger,” see generally Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered? see generally Burden of Proof: Sanctions for Intentional Deletion of Text Messages (Jul. 21, 2021); Burden of Proof of Spoliation (Dec. citation omitted).

Burden Of Proof

Evidence at Trial

SEPTEMBER 9, 2021

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. But since the 2000 amendment, some courts have ignored Rule 702's requirements and read into the rule a presumption of admissibility. 579, 589 (1993). at 596 (emphasis added). United States , 54 App.

Evidence