Admissibility, Cross-Examination and Evidence

Three Motions for Sanctions Denied Under ESI Rule and Common Law

E-Discovery LLC

JULY 3, 2025

The Court ordered a forensic examination of the work phone by James Vaughn of iDiscovery Solutions. “Mr. While there was a gap in the chain of custody, “Plaintiff presents no evidence that anything has been lost from the phone.” Therefore, “in the absence of any evidence of a loss of data,” no sanctions were justified.

Evidence

Evidence Cross-Complaint Cross-Examination Litigation

Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction

E-Discovery LLC

JUNE 28, 2025

The Court affirmed the holding that the asserted prejudice from the failure to produce was insufficient to support exclusion of the evidence. Johnson] intended to introduce the photos into evidence’ at trial.” The City objected to the admission of the photographs, asserting that those photographs were “not disclosed in discovery.”

Discovery

Discovery Cross-Examination Objections Evidence

OBSERVATIONS ABOUT CROSS EXAMINATION

Plaintiff Trial Lawyer Tips

JANUARY 15, 2025

GOALS OF CROSS EXAMINATION Lawyers sometimes fail to prepare for cross examination in the same way they do other parts of the trial. Thats why cross examination is often not only unsuccessful but, boring. Great trial lawyers plan their cross examination and have specific goals in mind.

Cross-Examination

Cross-Examination Witnesses Direct Examination Depositions

Webinars

No Objections: Better Case Management with AI for Paralegals

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Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2

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. This first blog addresses the admissibility of a “composite” video prepared by the prosecution. He examined 25 to 35 hours of video and found footage depicting the shooting at about 12:17 a.m.

Admissibility

Admissibility Exhibits Evidence Cross-Examination

Essential Steps for Effective Trial Preparation

Jonathan Leach LLC

AUGUST 7, 2024

This involves reviewing all available documents, evidence, and witness statements. A good lawyer will create a case theory based on the case’s evidence and legal principles and present it clearly and concisely. Organize and Manage Evidence Efficiently organizing and managing evidence is crucial.

Trial Preparation

Trial Preparation Cross-Examination Case Theory Witnesses

No Sanction for Discovery Failure in Criminal Case

E-Discovery LLC

MAY 27, 2024

The trial judge stated: “And certainly if you [defense counsel] want a little break to investigate him, to examine him, meaning outside of the courtroom, you know, to in any way interview him to prepare for the cross-examination, the Court would be happy to give you time to do that in an abundance of caution.” Rule 4-263(n).

Discovery

Discovery Cross-Examination Witnesses Admissibility

How to Prepare for Your First Mock Trial

Jonathan Leach LLC

JUNE 10, 2024

Discuss which side needs to prove what and what the standards of evidence are needed. Use all evidence (documents, photographs, physical evidence, and expert reports) to support your case. Create a Case Outline your case, including the key points you need to prove, the evidence you will present, and the witnesses you will call.

Burden Of Proof

Burden Of Proof Trial Preparation Witnesses Evidence

Mechanical Engineering Expert Witness Testimony Allowed

Expert Witness Blog

MAY 24, 2024

The court notes that it is concerned with admissibility, not the credibility of Dr. Benedict or the weight of his testimony. The court opines that the defendants should use cross-examination to argue against Dr. Benedict’s methodology. Benedict’s opinions are not reliable by attacking his methodology.

Witnesses

Witnesses Cross-Examination Admissibility Manufacturing

Alternate Pathways: Your Questions Answered

WA Bar News

JULY 10, 2024

The Task Force was directed to “examine current and past bar examination methods, passage rates, and alternative licensure methods, assess disproportionate impacts on examinees of color and first generation examinees, consider the need for alternatives to the current bar exam, and analyze those potential alternatives.” SIDEBAR No.

Cross-Examination

Cross-Examination Admissibility Finance and Banking Cross-Complaint

From Law School to the Courtroom: The Path to Becoming a Criminal Defense Lawyer

CaseFox

MAY 2, 2023

Step 2: Take the Law School Admissions Test (LSAT): The Law School Admissions Test (LSAT) is a standardized test required for admission to most law schools. Collecting letters of recommendation: Letters of recommendation are important as they help you stand out as a candidate to law school admissions officers and professors.

Admissibility

Admissibility Witnesses Cross-Examination Restitution

From Law School to the Courtroom: The Path to Becoming a Criminal Defense Lawyer

CaseFox

MAY 2, 2023

Step 2: Take the Law School Admissions Test (LSAT): The Law School Admissions Test (LSAT) is a standardized test required for admission to most law schools. Collecting letters of recommendation: Letters of recommendation are important as they help you stand out as a candidate to law school admissions officers and professors.

Admissibility

Admissibility Witnesses Cross-Examination Restitution

AI Companionship and Machine Intuition: Rethinking Relationships in the Age of Artificial Empathy

Complex Discovery

MAY 30, 2025

Editor’s Note: This featured article from ComplexDiscovery O provides an examination of one of the most compelling sessions from the 2025 Dublin Tech Summit, where AI transcended analytics and delved into the emotional core of human experience. How do courts handle the authenticity of AI-generated evidence?

Government and Public Sector

Government and Public Sector Cross-Examination Technology Cross-Complaint

Sanderson v. Paltrow: Examining Cross-Examination

Evidence at Trial

MARCH 30, 2023

Lee Bailey—polite and charismatic with a sprinkling of zinger cross-exam questions that would hit bullseye every time. But in this he-said-she-said ski collision case, where the jury must accept one party’s version of events and reject the other, the skill of the examiner is important. The victim? Paltrow, good morning.

Cross-Examination

Cross-Examination Witnesses Direct Examination Objections

Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

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. —exclude the opinion on the ground that it is fulfilling its gatekeeping role to "ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable."

Evidence

Evidence Expert Testimony Admissibility Cross-Examination

Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

E-Discovery LLC

NOVEMBER 29, 2024

The Court set out the standard formula for spoliation – – there must be a duty to preserve, breach with a culpable state of mind, and prejudice, i.e., loss of “relevant” evidence that would have supported the claims or defenses of the discovering party. at *2; see Fed.R.Civ.P. 37(e)(for ESI). citation omitted).

Burden Of Proof

Burden Of Proof Evidence Discovery Litigation

Judicial Notice: Four Must-Know Rules

Evidence at Trial

MARCH 22, 2023

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. Must-Know Rule #2: A Substitute for Evidence Cannot Bypass Relevance Like any rule of evidence, the details mustn't swallow the whole. Harrison , 651 F.2d 2d 353, 355 (5th Cir. 1981); Gravert v.

Evidence

Evidence Witnesses Hearsay Rule Admissibility

Admissibility of Internet Searches About Terminating Pregnancy

E-Discovery LLC

JUNE 5, 2024

While there were many issues on appeal, one was whether evidence of her internet searches related to termination of a pregnancy was properly admitted on the facts presented. The decision to admit that evidence was affirmed by the intermediate appellate court. Examination showed otherwise and she reported that the baby was stillborn.

Admissibility

Admissibility Evidence Voir Dire Objections

Trial Strategy Today

Three Motions for Sanctions Denied Under ESI Rule and Common Law

Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction

Webinars

Trending Sources

OBSERVATIONS ABOUT CROSS EXAMINATION

Webinars

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2

Essential Steps for Effective Trial Preparation

No Sanction for Discovery Failure in Criminal Case

How to Prepare for Your First Mock Trial

Mechanical Engineering Expert Witness Testimony Allowed

Alternate Pathways: Your Questions Answered

From Law School to the Courtroom: The Path to Becoming a Criminal Defense Lawyer

From Law School to the Courtroom: The Path to Becoming a Criminal Defense Lawyer

AI Companionship and Machine Intuition: Rethinking Relationships in the Age of Artificial Empathy

Sanderson v. Paltrow: Examining Cross-Examination

Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

Judicial Notice: Four Must-Know Rules

Admissibility of Internet Searches About Terminating Pregnancy

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