E-Discovery LLC

AUGUST 31, 2024

This first blog addresses the admissibility of a “composite” video prepared by the prosecution. These videos were admitted into evidence without objection and were contained in about 30 video exhibits. Over objection, Lieutenant McDonald testified that he focused on one of the suspects who wore distinctive attire. State, 261 Md.

Admissibility

E-Discovery LLC

SEPTEMBER 16, 2024

It – surprisingly – sustained boilerplate objections. Information within this scope of discovery need not be admissible in evidence to be discoverable.” Interestingly, the Ho court sustained what appear to be boilerplate objections that plaintiff’s requests were “overly burdensome” and “irrelevant….”

Discovery

E-Discovery LLC

SEPTEMBER 1, 2024

A prior blog addressed the admissibility of a “composite” video prepared by the prosecution. Over various objections, he explained the relationship between the different clips in the composite video and identified the camera numbers, times, streets, and specific activities depicted in the clips. State , 261 Md. State, 261 Md.

Admissibility

E-Discovery LLC

OCTOBER 2, 2024

Defendant Hirschbach added the following to its work product objection: Beyond this, Hirschbach objects to this request because it is overbroad, vague and ambiguous. Next , the court overruled the improper boilerplate objections. 26, 2024). _ [1] I will soon be posting an updated blog on boilerplate objections.

Admissibility

E-Discovery LLC

DECEMBER 21, 2024

Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial? Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid.

Admissibility

E-Discovery LLC

SEPTEMBER 25, 2024

Wiegand objected. After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

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.

Discovery

E-Discovery LLC

SEPTEMBER 4, 2024

The defendants’ objection is overruled, and the requested documents are to be produced within the next 14 days. They are not an appropriate basis on which to base a discovery objection. They are not an appropriate basis on which to base a discovery objection. at *5; see, e.g., General Objections, Dracula, and “Whac a Mole” (Apr.

Discovery

E-Discovery LLC

JUNE 25, 2024

1] __ [1] The court addressed boilerplate objections in detail, id. 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. [1] at *5-6, passim , as well as contention interrogatories, id. at *6, among other issues.

Discovery

E-Discovery LLC

FEBRUARY 22, 2025

The standard reasonableness is objective. In short: The standard is an objective one, asking not whether the party in fact reasonably foresaw litigation , but whether a reasonable party in the same factual circumstances would have reasonably foreseen litigation. The duty to preserve arises when litigation is reasonably anticipated.

Litigation

Securities Docket

MARCH 20, 2025

A three-judge panel for the Second Circuit court of appeals rejected Buyers appeal of his conviction, ruling in a summary order that he failed to timely object to the admission of challenged evidence and thus did not preserve his objections for appeal.

Telecommunications

E-Discovery LLC

AUGUST 16, 2024

I pointed out that there was no specific objection by the defendant to the key question of “was that a true and accurate depiction of the events that occurred that day?” I speculated that, if there had been an objection based on a lack of personal knowledge under Md. 3] _ [1] No specific objection was made to this question. [2]

Witnesses

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. The adverse party may do so over a hearsay objection. In each instance, one may reasonably ask what is the document?

Discovery

Evidence at Trial

OCTOBER 3, 2022

They understand that every stage of trial should have the same objective: to argue your case to the jury. These thousands of pages were relevant and admissible. But would it be admissible? Would we need to establish that this table was a business record to avoid a hearsay objection? Id. , § 1521(a).

Admissibility

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." Crown had not shown she received the account agreement [with the arbitration provision] and failed to object." Code § 1521(a).

Evidence

E-Discovery LLC

OCTOBER 17, 2024

It continued: “[D]eposing Mr. Nugent on conversations he had with the Town Supervisor would likely generate many privilege objections, as the attorney-client privilege could cover many of the topics the two discussed. The GLD3 decision does not discuss whether the quid pro quo offer, if any, was an inadmissible settlement proposal.

Discovery

E-Discovery LLC

MAY 11, 2025

Importantly: This is an objective standard, asking not whether the party in fact reasonably foresaw litigation, but whether a reasonable party in the same factual circumstances would have reasonably foreseen litigation. Is Marking Documents as Work Product an Admission that the Duty to Preserve is Triggered? E-Discovery LLC

Discovery

E-Discovery LLC

JULY 3, 2024

Regardless, because Husband was voluntarily absent from the evidentiary portion of the trial, he did not lodge any objections to Wife’s evidence, nor did he offer any evidence of his own. Consequently, Husband’s claims of error as to the court’s admission or exclusion of evidence are either waived or unpreserved.

Discovery

SW&L Attorneys Blog

MARCH 15, 2025

A failure to provide the requested information without valid objections may result in a motion to compel, a procedural mechanism through which a party seeks judicial intervention to enforce compliance. Furthermore, if the information can be obtained from a more convenient source, such objections may be upheld.

Discovery

Plaintiff Trial Lawyer Tips

JANUARY 15, 2025

They just launch off without any particular objective other than an impeachment they have available. We need specific focused objectives thought out and planned in advance. For example, following the admission the light was red, one might ask next Now, when you saw the red light, you were driving over the speed limit, werent you?

Cross-Examination

Practice of Law

SEPTEMBER 5, 2024

Watkins objected to the relevance of these inquiries. Despite Watkins’s objections, the court permitted this line of questioning, concluding that it was relevant to rebut the character evidence presented by Childs. Watkins moved for a judgment of acquittal two weeks after his conviction, which the district court denied.

Evidence

Expert Witness Blog

MAY 29, 2024

The court stated that GM did not object to Bloch being qualified on the subject of automotive design and safety. The court opined that these arguments go to the weight of the evidence, not their admissibility. Second, Bloch determined that alternative designs were feasible.

Automotive

The Cloud Court Blog

SEPTEMBER 28, 2022

But the drama of sworn testimony, surprise admissions and denials, well-crafted questions and impactful answers – good, bad, or ugly – move juries and judges and attorneys and their clients and everyone else in ways that few people really understand. Documents and dry facts put juries to sleep – literally ( Google it ).

Litigation

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. In California, evidence is comprehensively defined to include "testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact."

Evidence

Complex Discovery

DECEMBER 8, 2024

Russian forces remain committed to achieving tactical territorial gains, despite mounting costs and logistical strains, while Ukrainian resilience, bolstered by technological advancements and effective countermeasures, continues to challenge Moscow’s strategic objectives. strategic objectives.

Technology

Practice of Law

SEPTEMBER 12, 2024

To decide whether excessive force was used, it will have to be determined if the actions were objectively reasonable under the circumstances. Silence is not an admission of guilt and it’s their job to prove you guilty. Only get out of the car if they instruct you to do so. When asked questions : Politely decline to answer.

Admissibility

Temple University Beasley School of Law - Advocacy

NOVEMBER 9, 2023

” As otherwise described, “[t]his theory states that, whenever two objects come into contact, an exchange of materials occurs between them.” 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

MyCase

MAY 2, 2024

The platform also offers 1-Click Objections, making it easy to add, edit, and customize objections with a single click. It leverages AI to suggest and write tailored content, such as Requests for Admission, Requests for Production, and Interrogatories.

Discovery

E-Discovery LLC

FEBRUARY 25, 2025

19, 2025)(Emphasis added), the court wrote: Throughout his responses, Canales objects to OPWs requests on the ground that they are not reasonably calculated to lead to the discovery of admissible evidence. See Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov. It has been almost seven years since the Hon.

Interrogatories

E-Discovery LLC

APRIL 8, 2025

In short: The Wayfarer Parties object to the fact that even as modified, the Subpoenas continue to cover call and text logs revealing the phone numbers for anyone with whom the Wayfarer Parties and other individuals communicated, regardless of whether such communication was related to the claims and defenses in this case. 24, 2022).

Subpoenas

Practice of Law

NOVEMBER 20, 2024

On the other hand, the BSA's bankruptcy filing was seen by some as an admission that the organization had failed to adequately address the problem of sexual abuse within its ranks. Objections. Last year, the objecting parties had appealed to the Third Circuit and filed an emergency motion seeking to halt the plan while they appealed.

Restitution

Evidence at Trial

JANUARY 30, 2023

Party admission? Mr. Lawley argued that the above statements were admissible as declarations against interest (Cal. The trial court ruled that Mr. Seaborn’s statements that he killed someone and was hired to do so were admissible (assuming it related to the Stewart killing and not some other killing). at 151 – 152.

Admissibility

Evidence at Trial

NOVEMBER 27, 2021

But with hearsay having so many exceptions, the most obvious objection may not be the most effective. But Strobel is important reading because it illustrates that even when Sanchez applies ( i.e. , a hearsay objection is sustained), you need to have a "Plan B" in mind. A sustained objection isn’t necessarily a dead end.

Evidence

E-Discovery LLC

NOVEMBER 29, 2024

As to “trigger,” see generally Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered? An objectively reasonable person in Fairmount Heights’ position would have taken steps to preserve these accounts. citation omitted). 5, 2024); Discovery About Discovery – When Was Duty to Preserve Triggered?

Burden Of Proof

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information.

Evidence

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information.

Evidence

Forensic Psychologist

FEBRUARY 15, 2020

Judges rule that any weaknesses in his method should go to the “weight” that jurors give Dr. Harm’s opinions, rather than the admissibility of his tests. Psychological tests hold a magical allure as objective truth. Attorneys may try to challenge him in court, but their protests usually fall flat.

Evidence