Remove Cross-Examination Remove Evidence Remove Exhibits
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Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

A motion for a forensic examination was granted in PlayUp, Inc. While the producing party’s failures were epic, the thoughtful discussion of the governing standard for forensic examinations is important. Mintas moved to compel or for a forensic examination. Mintas later filed a second motion for forensic examination. “In

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

E-Discovery LLC

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 Hagerstown Court wrote that exclusion of evidence based on a discovery violation is not favored. Rule 2-433(a)(2).

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Authentication Article by Paul Mark Sandler

E-Discovery LLC

In Authentication is key to direct and cross-examination (thedailyrecord.com) (Aug. 22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.”

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The “Silent Witness” Theory of Authentication of Video Evidence

E-Discovery LLC

The Supreme Court of Maryland is considering a challenge to authentication of video evidence using the “pictorial testimony theory.” On appeal, defendants unsuccessfully challenged the authentication of the video evidence. at *9 (“His method of obtaining the evidence was also similar to the other videos….”).

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

E-Discovery LLC

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Maps of the neighborhoods were admitted into evidence, showing the locations of the cameras by number and direction each camera was facing. State , 261 Md. at 509-510.

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CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

Opening statement, witness examination & summation Depositions  Review all depositions & index for access at trial  Create summary of relevant testimony with index to access at trial  Decide how to use at trial. Laptop, I-Pad, projectors etc. Determine if blowups are necessary.

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A SIMPLE SUMMARY OF TRIAL CONCEPTS

Plaintiff Trial Lawyer Tips

Decisions are not simply made on the basis of intellectual analysis of the testimony and evidence. The primary factors prevail over facts, evidence and logical reasoning. We should survey facts, case evidence and case issues through representative groups of people. Emotion plays a huge role. The importance of focus studies.