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). Code § 1271.

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

WA Bar News

JUNE 11, 2024

Fucile “[T]estimony of witnesses who were kicked by plaintiff’s attorney while the witnesses were responding to defendants’ attorney’s inquiry. should not be considered as evidence. because there is no way of knowing what the testimony would have been if the witnesses had been left alone.” — West v. Irwin (E.D.

Depositions

E-Discovery LLC

MAY 22, 2025

In NJ Court Rules Police Geofence Warrants Are Constitutional (Bloomberg Law May 20, 2025), Alex Ebert reported that a New Jersey intermediate appellate court upheld a geofence warrant, within specified limits. Witnesses reported hearing that the perpetrator was speaking on a cell phone.

Evidence

E-Discovery LLC

MAY 17, 2025

As noted, after the court ruled, the City Defendants objected to the Magistrate Judges decision. The court wrote that the City Defendants objected to the wholesale adoption of plaintiffs [sic] proposed ESI Order without decision or explanation even though the protocol suffers from several asserted errors. Emphasis added].

Objections

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

WA Bar News

OCTOBER 8, 2024

In another circumstance, we may be contacting an unrepresented fact witness. With an unrepresented party or witness, our conduct is guided by RPC 4.3, Washington adopted the then-ABA Model Rule in 1985 when moving from the former Code of Professional Responsibility to RPCs patterned on the ABA Model Rules. 27 While RPC 4.3

Witnesses

WA Bar News

DECEMBER 17, 2024

Fucile In the course of a case, litigators typically make all sorts of statements to courts on the facts and the law. 2 Some are in briefs, while others are made in open court. along with the confidentiality rule, RPC 1.6, and the withdrawal rule, RPC 1.16. 9 Here, however, well focus on the ethics rule.

Pleadings

Evidence at Trial

NOVEMBER 27, 2021

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. There's reference to an out-of-court statement? Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. The witness may say, "I saw Ms.

Evidence

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. ). Section 356 is a fairly simple rule but, as the cases below explain, there are a couple principles to keep in mind. Party admission?

Admissibility

E-Discovery LLC

JUNE 1, 2024

The State added: “The Appellate Court affirmed eighteen [unreported] cases where a video was authenticated through the silent witness method.” The State added: “The Appellate Court’s approach is consistent….” Courts frequently admit evidence “for what it’s worth.” “Weight” is decided by the finder of fact.

Precedent

Joseph, Hollander & Craft

MARCH 7, 2025

However, many people do not realize that the procedural rule requiring police to expressly advise arrestees of their rights did not apply until a series of landmark 1960s Supreme Court cases, culminating in Miranda v. shall be compelled in any criminal case to be a witness against himself,’ and that ‘the accused shall.

Admissibility

Forensic Psychologist

AUGUST 14, 2016

Supreme Court rulings, such offenders must have a mental disorder in order to qualify for prolonged detention after they have served their prison terms. “It This, Judge Conviser noted, is strong evidence against the government’s position that hebephilia is “generally accepted” by the relevant scientific communities.

Construction

Practice of Law

APRIL 22, 2025

The defense sought to have her testimony and any mention of bushy eyebrows barred from evidence. Citing it as unreliable and irrelevant, they argued that the witness had been drinking, was sleepy, and only saw the figure for seconds. The judge also ruled on motions concerning a number of conditions Kohberger allegedly suffers from.

Voir Dire

Law and Daily Life

OCTOBER 7, 2024

However, legal experts and court documents reveal a more nuanced situation. Judge Orders Filings from Parties It’s all related to a landmark Supreme Court ruling from this past July, which broadened the scope of presidential immunity but left it to lower courts to determine the specifics.

Witnesses