Admissibility, Discovery and Witnesses

Admissibility

Discovery

Witnesses

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

. __, 2025 WL 1540660 (May 30, 2025), the defendant City claimed unfair surprise when plaintiff sought to introduce at trial photographs that the City had taken, but which plaintiff had not disclosed in discovery. In discovery, defendant asked for all photos, and any documents on which plaintiff intended to rely on at trial.

Discovery

Discovery Cross-Examination Objections Evidence

No Sanction for Discovery Failure in Criminal Case

E-Discovery LLC

MAY 27, 2024

In response, “the prosecutor proffered that Sandhu was named in the supplemental discovery documents, which had been disclosed several weeks before the start of trial, but candidly acknowledged that the State had not indicated its intention to call Sandhu as a witness at that time. Williams v. State , 416 Md. 670, 698 (2010).

Discovery

Discovery Cross-Examination Witnesses Admissibility

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Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

E-Discovery LLC

DECEMBER 9, 2024

31, 2024), the intermediate appellate court addressed an important issue of authentication of surveillance video by a lay witness. That witness was permitted to authenticate a video under the silent witness theory. The Appeals Court disagreed and affirmed, applying the silent witness doctrine. State, 487 Md.

Witnesses

Witnesses Expert Testimony Chain Of Custody Evidence

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My Most Interesting Blogs From 2024

E-Discovery LLC

DECEMBER 21, 2024

Discovery Plan The ESI Protocol: Your Word is Your Bond Or, Is It? Can a witness authenticate a video if the video contains images that the witness did not see? Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? Mediation of Discovery Disputes by Courts Law Clerk?

Admissibility

Admissibility Witnesses Discovery Mediation

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

E-Discovery LLC

SEPTEMBER 1, 2024

A prior blog addressed the admissibility of a “composite” video prepared by the prosecution. Neither of the testifying detectives witnessed the events about which they testified. at 538. The Maryland Supreme Court recently held that a witness can authenticate a video that contains images the witness did not see.

Admissibility

Admissibility Witnesses Evidence Exhibits

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

E-Discovery LLC

AUGUST 31, 2024

This first blog addresses the admissibility of a “composite” video prepared by the prosecution. Second , while the source materials “need not be introduced into evidence,” they must be “otherwise admissible.” This blog was initially posted on Electronic Discovery Reference Model. 1003 and 1005. emphasis added).

Admissibility

Admissibility Exhibits Evidence Cross-Examination

Can a witness authenticate a video if the video contains images that the witness did not see?

E-Discovery LLC

AUGUST 16, 2024

Can a witness authenticate a video if the video contains images that the witness did not see? Here, the authenticating witness saw what happened before and after the shooting, as shown on the video, but he did not see the shooting that was also shown on the video. Second , the “silent witness” theory is available.

Witnesses

Witnesses Evidence Objections Admissibility

Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?

E-Discovery LLC

NOVEMBER 5, 2024

An issue arises when a privilege log entry states that a document is withheld from discovery as work product. I described another one of Phil’s excellent blogs on this issue, published by Driven as “Protecting Work Product in the Age of Electronic Discovery,” in M. Marking documents as “work product” may protect them from discovery.

Admissibility

Admissibility Litigation Discovery Trial Strategy

Uber Technologies – Another Hyperlink Decision

E-Discovery LLC

MARCH 6, 2025

3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. One More Thing to Consider Discovery is not an end to itself. The goal of document production, including production of ESI, is to develop admissible evidence for use at trial. Emphasis added]. Berman, et al.,

Technology

Technology Discovery Evidence Litigation

No Need To Hunt For Information Like Cousin Vinny. The North Dakota Rules Of Discovery Simplify The Process!

SW&L Attorneys Blog

MARCH 15, 2025

Discovery is a critical component of the legal process, enabling parties to obtain necessary evidence and documents relevant to a case. Response Obligations And Motions To Compel Upon submitting a formal request for discovery, the opposing party is obliged to respond within 30 days, this timeline may be adjusted upon reasonable notice.

Discovery

Discovery Interrogatories Depositions Witnesses

From Evidence to Misinformation: Courts Brace for Deepfake Challenges

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. For eDiscovery professionals, the stakes are particularly high.

Evidence

Evidence Media and Entertainment Jury Deliberation Technology

Why Depositions Matter More

The Cloud Court Blog

SEPTEMBER 28, 2022

of federal civil matters are resolved at trial[i] Litigators always depose witnesses before a trial – if there is a trial You will almost never depose a witness more than once – so you get one shot to take or defend that deposition well But why do depositions matter more? All because of the strength and weakness of witness testimony.

Depositions

Depositions Witnesses Admissibility Litigation

Persuasive Shortcuts: Document Summaries In Federal and California Courts

Evidence at Trial

OCTOBER 3, 2022

These thousands of pages were relevant and admissible. Even assuming the other party stipulated to the documents' admissibility (they didn't), was there a clear, concise, and nonboring way to communicate the substance of this evidence to the jury? But would it be admissible? This exhibit would be clear, concise and nonboring.

Admissibility

Admissibility Evidence Exhibits Objections

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

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.

Evidence

Evidence Jury Instructions Discovery Affidavits

Courts at the Crossroads: Confronting AI-Generated Evidence in the Age of Deepfakes

Complex Discovery

MAY 29, 2025

Rule 901 requires only a minimal threshold for authenticationtypically, testimony that a witness recognizes the voice or content. In one experiment, subjects shown fabricated video evidence not only accepted the false information but later recalled it as something they had directly witnessed. Research supports this concern.

Evidence

Evidence Forensic Evidence Technology Expert Testimony

Will AI Replace Paralegals and Legal Assistants?

MyCase

APRIL 30, 2024

Paralegals Paralegals spend the bulk of their time on legal or case-related tasks, such as: Conducting legal research and discovery: Paralegals access databases and books to identify and document regulations and precedents that apply to a specific case. AI cannot gauge when to reassure clients or delve deeper in witness interviews.

Witnesses

Witnesses Legal Research Technology Depositions

AI Missteps in the Courtroom: MyPillow CEO’s Legal Team in Turmoil

Complex Discovery

APRIL 28, 2025

Contrasting the traditional meticulous nature of legal proceedings, Kachouroffs admission underlined a misuse of technology that strayed from established legal protocols. In a somewhat ironic twist, the attorneys admitted that they were oblivious to the extent of errors until Judge Wangs intervention.

Technology

Technology Admissibility Witnesses

Managing Clients’ Digital Evidence: Best Practices for Family Law Attorneys in High-Conflict Cases

Destination Articles Blog

NOVEMBER 5, 2024

Preparation for Discovery : Arrange your data in a specific format that makes it easy to process during electronic discovery. This type of footage helps the court see the true events because it captures clear and detailed images, unlike witness accounts, which personal opinions can influence.

Digital Evidence

Digital Evidence Evidence Education Discovery

Pokrovsk Under Fire: Tactical and Technological Shifts in 1,018 Days of War

Complex Discovery

DECEMBER 8, 2024

In war crime investigations, geolocation verification provides critical evidence to validate battlefield claims, corroborate witness testimony, and substantiate allegations of violations under international humanitarian law. eDiscovery professionals benefit from geolocation in the collection, processing, and review phases of investigations.

Technology

Technology Government and Public Sector Evidence Digital Evidence

“It Ends With Us”

E-Discovery LLC

APRIL 8, 2025

The Wayfarer Parties sought to have the Subpoenas limited to communications between the subpoenaed phone numbers and other specific phone numbers of parties and witnesses that Lively would provide. 25, 2025); Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov. Lively, which justifies their broad scope.

Subpoenas

Subpoenas Discovery Objections Admissibility

Livin' On The Edge: Steven Tyler and Party Admissions

Evidence at Trial

APRIL 7, 2023

To learn Tyler's version of events, it appears that discovery will be necessary. Tyler's Autobiography: An Evidentiary Analysis When it comes to analyzing the admissibility of evidence, having a methodical approach is imperative. Party Admissions v. This is standard practice for state court defendants in civil cases.

Admissibility

Admissibility Hearsay Rule Evidence Pleadings

Maryland’s New and Improved Unreported Opinion Rule Does Not Go Far Enough

E-Discovery LLC

JUNE 1, 2024

Stuart, “Privacy in Discovery After Dobbs,” 26 Va. As of this writing, undersigned counsel is aware of 45 unreported opinions in the 9 years since unreported decisions of the Appellate Court became available electronically where a criminal defendant challenged admission of video footage on authentication grounds. & Tech.

Precedent

Precedent Discovery Admissibility Litigation

What Folks Get Wrong About Miranda Warnings

Joseph, Hollander & Craft

MARCH 7, 2025

This admission came after 14 hours of questioning and being denied access to his lawyer. shall be compelled in any criminal case to be a witness against himself,’ and that ‘the accused shall. The right against self-incrimination means that you are not required to act as a witness against yourself. Finally, Miranda v.

Admissibility

Admissibility Evidence Witnesses Court Rules

Evidence of Internet Searches About Lawful Abortion Held Inadmissible to Prove Intent to Later Kill or Harm Newborn Baby

E-Discovery LLC

FEBRUARY 20, 2025

For background on the lower courts decision, see Admissibility of Internet Searches About Terminating Pregnancy E-Discovery LLC (Jun. This blog addresses the issue of admissibility of electronically stored information – – here, internet searches – – under the Maryland evidentiary rules. Akers hands.

Evidence

Evidence Admissibility Discovery Exhibits

The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

3 Geeks and a Law Blog

JUNE 28, 2023

E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. Catch Deepfakes If You Can: Can E-Discovery Tools Keep Up With Gen AI? So yeah, that’s that’s the that’s the discovery portion of it. They are easy and inexpensive to create but difficult to detect.

Litigation

Litigation Education Evidence Technology

Trial Strategy Today

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

No Sanction for Discovery Failure in Criminal Case

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Trending Sources

Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

Webinars

My Most Interesting Blogs From 2024

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

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

Can a witness authenticate a video if the video contains images that the witness did not see?

Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?

Uber Technologies – Another Hyperlink Decision

No Need To Hunt For Information Like Cousin Vinny. The North Dakota Rules Of Discovery Simplify The Process!

From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Why Depositions Matter More

Persuasive Shortcuts: Document Summaries In Federal and California Courts

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Courts at the Crossroads: Confronting AI-Generated Evidence in the Age of Deepfakes

Will AI Replace Paralegals and Legal Assistants?

AI Missteps in the Courtroom: MyPillow CEO’s Legal Team in Turmoil

Managing Clients’ Digital Evidence: Best Practices for Family Law Attorneys in High-Conflict Cases

Pokrovsk Under Fire: Tactical and Technological Shifts in 1,018 Days of War

“It Ends With Us”

Livin' On The Edge: Steven Tyler and Party Admissions

Maryland’s New and Improved Unreported Opinion Rule Does Not Go Far Enough

What Folks Get Wrong About Miranda Warnings

Evidence of Internet Searches About Lawful Abortion Held Inadmissible to Prove Intent to Later Kill or Harm Newborn Baby

The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

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