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

DECEMBER 21, 2024

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? Reasonably Calculated to Lead to Discovery of Admissible Evidence Is a Vehicles On Board or Dash Cam Video Protected From Disclosure as Work Product?

Admissibility

Attorney at Work

JULY 16, 2021

It will be important to ensure those recordings are admissible as evidence. This change brings with it positive aspects such as access to remote witnesses, wider adoption of technology and better work-life balance with less travel. City of Chicago, Case No. 17 C 5859 (N.D. 20, 2020)).

Depositions

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

Jonathan Leach LLC

JUNE 10, 2024

This includes case briefs, witness statements, exhibits, and relevant statutes or legal precedents. Summarize the facts, jot down key points from witness statements, and organize notes for easy reference later. Discuss which side needs to prove what and what the standards of evidence are needed.

Burden Of Proof

Jonathan Leach LLC

AUGUST 7, 2024

Jonathan Leach, LLC is a trial consulting firm that helps attorneys, parties, clients, and witnesses present the best case possible. From jury consulting to witness training, we can tailor our services to fit your case’s unique needs to help your legal team feel confident. 10 Essential Trial Preparation Steps 1.

Trial Preparation

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. Rule 4-263(n). Williams v. State , 416 Md. 670, 698 (2010).

Discovery

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

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

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

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.

Witnesses

Expert Witness Blog

MAY 24, 2024

Summary: Mechanical Engineering Expert Witness allowed to provide testimony even though the defendant’s argued that he was not qualified to offer an opinion on miters saws as he does not have the requisite experience on the topic. The plaintiff hired Mechanical Engineering Expert Witness Dr. Charles E. Home Depot USA, Inc.

Witnesses

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

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

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

Plaintiff Trial Lawyer Tips

JANUARY 15, 2025

They just have a general sense they want to prove the witness is wrong or a liar. Demonstrating the bias of the witness to undermine the testimony offered 2. Demonstrating the bias of the witness to undermine the testimony offered 2. If the witness is not believable, it matters little what is said by way of testimony.

Cross-Examination

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.” In other words, did the witness personally see the light?

Burden Of Proof

Expert Witness Blog

MAY 29, 2024

Overview: Automotive Engineering Expert Witness testimony allowed in part because the court concluded that Bloch’s testimony that alternative designs of the Silverado would have saved the plaintiff’s life was unreliable. The plaintiff hired Automotive Engineering Expert Witness Byron Bloch to provide expert witness testimony.

Automotive

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

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

Practice of Law

JULY 15, 2024

Also, if there is any reason to believe you might tamper with witnesses, evidence, or otherwise obstruct the judicial process, that could be grounds for detaining you. If they don’t, then they cannot use anything you say to them as evidence in court. FindLaw's Learn About the Law) Is 'Pleading the Fifth' an Admission of Guilt?

Admissibility

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

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. Expert Witnesses Moreover, a party may inquire whether the opposing side intends to call an expert witness at trial through interrogatories submitted prior to the trial.

Discovery

Temple University Beasley School of Law - Advocacy

JANUARY 16, 2024

The principle at issue is what is called a binding judicial admission, and its roots can be traced back to at least 1880, when the U.S. Supreme Court stated that “[i]n the trial of a cause the admissions of counsel, as to matters to be proved, are constantly received and acted upon. Oscanyan v. MacDonald v. GMC , 110 F.3d

Closing Argument

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

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

Temple University Beasley School of Law - Advocacy

FEBRUARY 16, 2025

The difference between Pennsylvanias approach to judges and expert gatekeeping and that under the Federal Rules of Evidence is stark. That the language change was not cosmetic is made clear from the Evidence Rules Committees accompanying notes. appeared first on Advocacy and Evidence Resources. ” Pa.R.E.

Expert Testimony

Complex Discovery

DECEMBER 8, 2024

Strategic Maneuvers and Key Challenges Key geolocated evidence reveals Russian forces capture of Novopustynka and progress near Shevchenko’s outskirts, signaling a concerted push along the T-05-15 highway towards Pokrovsk.

Technology

MyCase

APRIL 30, 2024

Drafting legal documents: Paralegals draft documents as needed, from correspondence with witnesses to pleadings and briefs. Summarizing depositions: Paralegals will translate dense depositions into concise overviews that include key facts, plus any admissions or inconsistencies in the testimony.

Witnesses

Sound Jury Blog

SEPTEMBER 19, 2023

So often, we hear trial “war” stories about a critical piece of evidence that was supposed to get in, or maybe that was NOT supposed to get in. It is not enough to “let them” handle the examination of one minor witness or make a mundane argument to the court. For evidence – be realistic.

Evidence

Practice of Law

JULY 25, 2024

Also, if there is any reason to believe you might tamper with witnesses, evidence, or otherwise obstruct the judicial process, that could be grounds for detaining you. If they don’t, then they cannot use anything you say to them as evidence in court. FindLaw's Learn About the Law) Is 'Pleading the Fifth' an Admission of Guilt?

Admissibility

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 at Trial

APRIL 7, 2023

But does Noise provide the plaintiff with actual usable evidence? Tyler's Autobiography: An Evidentiary Analysis When it comes to analyzing the admissibility of evidence, having a methodical approach is imperative. The figure below illustrates the approach: That Tyler's book excerpts are relevant is almost self-evident.

Admissibility

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

Evidence at Trial

MARCH 22, 2023

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. When asked to explain how, the defense attorney stated that in future cases, "the defendants' attorneys will simply ask the court to take judicial notice of the [expert witness'] testimony."

Evidence

Evidence at Trial

JANUARY 30, 2023

When it comes to hearsay exceptions in California, litigators will instinctively (and appropriately) consider the code sections found in Division 10 of the Evidence Code ( i.e. , Section 1200 et seq. ). Party admission? According to the prosecution’s evidence, Mr. Lawley had previously been robbed and beaten by a Kenneth Stewart.

Admissibility