Admissibility Court Rules Witnesses 
E-Discovery LLC
JUNE 28, 2025
It asserted prejudice because it could not call the person who took the photos as a trial witness. The Appellate Court of Maryland affirmed. The City objected to the admission of the photographs, asserting that those photographs were “not disclosed in discovery.” Defendant sought exclusion as a discovery sanction.
Expert Witness Blog
MAY 13, 2024
Summary: Americans with Disabilities Act (ADA) Expert Witness testimony not allowed because the expert provided legal opinions about discrimination, which is not admissible. To assist in their case, the defendant hired Americans with Disabilities Act (ADA) Expert Witness Robert F. Minnick to provide expert witness testimony.
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Complex Discovery
SEPTEMBER 11, 2024
Key recommendations include: Pretrial Evidentiary Hearings: Judges should require early disclosure of potential deepfake-related evidence, enabling discovery and the use of expert witnesses to authenticate digital materials. Ongoing Training: Legal professionals, judges, and juries need education on AI and its potential impact on evidence.
E-Discovery LLC
MARCH 6, 2025
The court ruled: If it has not already done so, Uber shall produce documents hyperlinked in Google chat messages, and related metadata to the extent feasible. The goal of document production, including production of ESI, is to develop admissible evidence for use at trial. Emphasis added]. Is that the same here?
Evidence at Trial
DECEMBER 17, 2021
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. Code § 1521(a).
Ethicking
JUNE 14, 2024
On Monday morning, in open court, Steel revealed to Judge Ural Glanville that he was aware of an ex parte meeting in chambers between Glanville, prosecutors, and a witness for the prosecution, which may have involved ”coercion” or “witness intimidation” per Steel. Per Rule 2.9 However, Rule 3.4
Next Generation E-Discovery Law & Tech Blog
AUGUST 30, 2023
In fact, given the unfortunately extensive but erroneous reliance on screenshots of social media evidence, The Best Evidence Rule could be cited far more frequently by opposing counsel seeking to contest the admission of such evidence. A case out of the federal courts in Texas addressed this issue head on.
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