Practice of Law

JULY 25, 2025

His attention to detail is evident—even noting a typo on a Bar dues form once prompted the Bar to thank him with a small gift. This case was all the more significant following the Supreme Court's decision in Students for Fair Admissions v. Suhr apparently had a bone to pick with the Wisconsin Bar over the Diversity Clerkship Program.

Government and Public Sector

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

Civil Litigation Brief

JUNE 20, 2025

We are looking, again, at a case where there were issues as to evidence. Part of the defendant's case was that the evidence was not admissible or was hearsay. Hearsay is admissible, the real. The defendant's arguments did not prosper.

Burden Of Proof

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. An innocent bystander was fatally shot while she was with her husband on a hotel patio in Annapolis.

Admissibility

E-Discovery LLC

SEPTEMBER 1, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. A prior blog addressed the admissibility of a “composite” video prepared by the prosecution. State , 261 Md. emphasis added]. 23, 2024). [2]

Admissibility

Complex Discovery

SEPTEMBER 11, 2024

Understanding how courts may handle AI-generated evidence will be crucial for those responsible for managing digital content, ensuring data integrity, and navigating complex litigation involving digital forensics. John Tunheim, delves into how the judiciary can prepare for the impact of AI-manipulated evidence. Grimm (ret.),

Evidence

E-Discovery LLC

NOVEMBER 5, 2024

31, 2014), the court wrote that: LendingTree’s duty to preserve evidence arose no later than its assertion of the attorney work product privilege. The doctrine was stated in LendingTree, LLC v. Zillow, Inc., 2014 WL 1309305, at *10 (W.D.N.C. See, e.g., Siani v. State Univ. C09–407 (JFB)(WDW), 2010 WL 3170664, at *5 (E.D.N.Y.

Admissibility

E-Discovery LLC

DECEMBER 21, 2024

Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? Reasonably Calculated to Lead to Discovery of Admissible Evidence Is a Vehicles On Board or Dash Cam Video Protected From Disclosure as Work Product? Can a witness authenticate a video if the video contains images that the witness did not see?

Admissibility

E-Discovery Team

SEPTEMBER 23, 2024

The article - Part Two - discusses proposed modifications to Rule 901(b) concerning the authentication of AI-generated evidence. Judge Grimm and Professor Grossman suggest replacing "accurate" with "valid" and "reliable" to clarify the criteria for admissible evidence, as accuracy alone does not ensure reliability.

Evidence

E-Discovery LLC

DECEMBER 9, 2024

Therefore, in his view, the evidence was not sufficiently authenticated. This method allows for authentication by the presentation of evidence describing a process or system that produces an accurate result. see The “Silent Witness” Theory of Authentication of Video Evidence (July 5, 2024). Lorraine v. 534, 542 (D.

Witnesses

Civil Litigation Brief

FEBRUARY 5, 2025

In Morris v Williams [2025] EWHC 218 (KB) District Judge Dodsworth considered the question of whether a letter from the claimant’s former solicitor, which contained proposals by the claimant to settle allegations of fundamental dishonesty, could be adduced as evidence..

Admissibility

E-Discovery LLC

OCTOBER 9, 2024

26(b)(1)states: The former provision for discovery of relevant but inadmissible information that appears “reasonably calculated to lead to the discovery of admissible evidence” is also deleted. It is replaced by the direct statement that “Information within this scope of discovery need not be admissible in evidence to be discoverable.”

Objections

E-Discovery LLC

OCTOBER 2, 2024

26(b)(1), “[r]elevant information need not be admissible at trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” It is replaced by the direct statement that ‘Information within this scope of discovery need not be admissible in evidence to be discoverable.’”

Admissibility

Attorney at Work

JULY 16, 2021

It will be important to ensure those recordings are admissible as evidence. In a world where most depositions and proceedings are likely to be at least partly virtual, video recordings are more important than ever. Decisions are already surfacing that show that using the built-in recording features is not enough (Alcorn v.

Depositions

E-Discovery LLC

AUGUST 16, 2024

That before-and-after authentication, plus a few other facts, was sufficient circumstantial evidence to authenticate the entire video. First can video evidence be authenticated when the authenticating witness lacked personal knowledge of all of the events portrayed in it? The bar for authentication of evidence is not high.”

Witnesses

Evidence at Trial

DECEMBER 17, 2021

California's secondary evidence rule (Cal. 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." What if the documents are lost or missing? Code § 1521(a). Id , §1521(a)(1), (2).

Evidence

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence

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

Evidence at Trial

APRIL 26, 2023

Regardless of its merit, social media is here to stay and disputes over admissibility or exclusion are commonplace in today's trials. What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. Is Social Media Evidence Relevant? Is Social Media Evidence Authentic?

Evidence

Civil Litigation Brief

APRIL 11, 2025

We are returning to the judgment of Jason Beer KCRajan Marwaha v Director of Border Revenue & Anor [2025] EWHC 869 (KB) Jason Beer KC and staying with the issue of “expert” evidence. This time looking at the attempt of.

Evidence

E-Discovery LLC

OCTOBER 15, 2024

2d 600 (2003) (“The issue at trial is admissibility of offered evidence, while the issue in pre-trial stages is whether a party may obtain information or documents through discovery.”). Rule 5-402 (“Evidence that is not relevant is not admissible.”). See, e.g., Cole v. State , 378 Md. 42, 61, 835 A.2d

Subpoenas

Complex Discovery

MAY 29, 2025

Editor’s Note: This article provides a timely and detailed examination of how the rise of AI-generated content, particularly deepfakes, is challenging long-standing principles in evidence law. provides critical insights into both the psychological and procedural impacts of synthetic evidence. Grossman and Hon. Grimm (ret.)

Evidence

Attorney at Work

JANUARY 11, 2022

It’s challenging to obtain a damaging admission during a deposition, but social media feeds and chat threads contain more admissions than a Taylor Swift confessional. With the delete key a tap away, it’s vital to defensibly collect this evidence while you can. Two TechnoLawyer award winners do just that.

Technology

E-Discovery LLC

MARCH 6, 2025

Uber also presents evidence that currently the production of hyperlinked non-Google Drive documents is not technologically feasible at scale. Plaintiffs did not dispute the evidence. The goal of document production, including production of ESI, is to develop admissible evidence for use at trial. Lorraine v. 534, 538 (D.

Technology

E-Discovery LLC

MAY 11, 2025

Defendants, Nike and Converse, filed a motion requesting a determination that plaintiff Valmarc d/b/a Vi3 had spoliated evidence. The court wrote that: Defendants allege that Vi3 intentionally deleted seven employees email accounts that contained relevant evidence shortly before filing this action.

Discovery

E-Discovery LLC

MAY 27, 2024

Stanford did not object; to the contrary, Stanford conceded that the footage could be properly authenticated through Detective Ohmstede and that the footage was “admissible evidence.” Initially, the Court held that the stipulation to the video’s admissibility waived the objection. Rule 4-263(n).

Discovery

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

E-Discovery LLC

SEPTEMBER 25, 2024

Wiegand’s argument that the requested information would not be admissible under Fed.R.Evid. 403 was of no moment because “Rule 26 itself provides that ‘[i]nformation within this scope of discovery need not be admissible in evidence to be discoverable.’” Id. at *3 (emphasis added).

Discovery

Destination Articles Blog

NOVEMBER 5, 2024

In family law, how you handle digital evidence can really make or break your client’s case, especially in high-conflict scenarios. Texts, emails, and social media posts can significantly influence custody decisions, highlighting the need for attorneys to manage this evidence with great care. This situation impacts about 21.9

Digital Evidence

Evidence at Trial

OCTOBER 3, 2022

— Franklin Delano Roosevelt Too often in jury trials, attorneys mistakenly think getting evidence admitted is a dry and mechanical process separate and apart from the task of persuasion. These thousands of pages were relevant and admissible. But would it be admissible? "Be sincere, Be Brief, Be seated.

Admissibility

E-Discovery LLC

JULY 3, 2024

Wife requested that the court sanction Husband by precluding him from presenting evidence at trial. Ferko’s request for sanctions, struck Mr. Ferko’s complaint, and precluded testimony and evidence related to the issues of marital property, alimony, and attorney’s fees. Prior to trial, the trial court granted Ms.

Discovery

Practice of Law

SEPTEMBER 5, 2024

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.

Evidence

Evidence at Trial

NOVEMBER 10, 2021

The reality is that before a jury sees or hears any evidence, the judge first decides what the jury will see and hear. A preliminary fact is “a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence.” ” Fed. ” Cal. Code § 400. See e.g. , Cal.

Burden Of Proof

E-Discovery LLC

APRIL 10, 2025

26(b)(1) states that [i]nformation within this scope of discovery need not be admissible in evidence to be discoverable, discoverable material that does not meet evidentiary standards may be of little or limited value. Judge Grimm wrote that [w]henever ESI is offered as evidence, evidence rules must be considered.

Discovery

Temple University Beasley School of Law - Advocacy

NOVEMBER 9, 2023

Mistek et al, , Toward Locard’s Exchange Principle: Recent Developments in Forensic Trace Evidence Analysis, [link] (last visited July 17, 2023). T]here are no scientific principles underlying or supporting Agent O’Neill’s opinions that would render such testimony reliable and admissible…” People v. Genrich, ORDER, July 7, 2023.

Evidence

E-Discovery LLC

JUNE 25, 2024

c)(2) contentions, in reviewing the briefs and exhibits, it is evident that the communication issues addressed in the court’s January 11, 2024 order have not been resolved. It addressed responses to requests for admission and the need for specific objections to document requests. The Norcold court addressed a number of other issues.

Discovery

Civil Litigation Brief

SEPTEMBER 17, 2024

There is much for practitioners to read in the judgment of HHJ Paul Matthews in Taylor v Savik & Anor [2024] EWCC 7. However I want to isolate out the judge’s observations on CPR r.32.19. In particular the question of.

Admissibility