Search for: "MATTER OF RULES OF EVIDENCE"
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31 Dec 2008, 12:26 am
There were some significant evidence matters on a number of areas, including on privilege issues, Confrontation Clause, expert testimony, legislation and more. [read post]
27 Dec 2020, 7:07 am
Testimony that someone else said it is still evidence of “a statement, other than one made by the declarant while testifying as the trial or hearing offered in evidence to prove the truth of the matter asserted. [read post]
27 May 2024, 10:46 am
The general evidentiary rule governing the admissibility of such evidence is Rule 403 of the Texas Rules of Evidence. [read post]
18 Sep 2011, 9:10 am
(David Bernstein) I’ve noted before that many federal courts simply ignore the text of Federal Rule of Evidence 702 in favor of their own formulations, sometimes relying on cases that were decided before Rule 702 was amended in 2000, and that conflict with the amended rule. [read post]
17 Aug 2023, 4:00 am
An evidence-based understanding of the relationship between legal service interventions, outcomes, and impacts over time is necessary to measure progress.[9] Importantly, it also enables the public to make more informed decisions about how to deal with a legal matter. [read post]
22 Jan 2019, 1:00 pm
In a recent New York domestic violence case, an appellate court discussed Rule 4.21 and its application. [read post]
3 Aug 2023, 8:26 am
Similar to its Federal Rule of Evidence 606(b), Nebraska Rule of Evidence 27-606(2) provides that Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the... [read post]
13 Jun 2019, 5:00 am
In this matter, there is no evidence in the record to show that a corporate defendant consciously disregarded the risk of driver drowsiness. [read post]
24 Feb 2013, 7:17 pm
Ruling: Articles 1(1)(b) and 17 of Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters must be interpreted as meaning that the court of one Member State, which wishes the task of taking of evidence entrusted to an expert to be carried out in another Member State, is not required to use the method of taking evidence laid down by those provisions… [read post]
29 Sep 2023, 5:05 am
Plea Bargaining Federal Rules There are federal rules that must be followed when a defendant utilizes their constitutional right to turn state’s evidence. [read post]
19 Dec 2021, 1:40 pm
When both sides understand the evidence the other has, it can promote settlement of the matter before it gets to trial. [read post]
16 Mar 2022, 9:26 am
Hearsay is a statement made outside court and offered into evidence to prove the truth of the matter asserted. [read post]
19 Nov 2009, 10:17 pm
 In determining whether or not to allow the evidence to be admitted, the court must consider matters of trial fairness and potential prejudice to the parties. [30] Rule 40(4) has been the subject of several recent decisions. [read post]
24 Aug 2016, 1:48 pm
First, the rules of evidence do not apply at a probation violation hearing. [read post]
24 Aug 2016, 1:48 pm
First, the rules of evidence do not apply at a probation violation hearing. [read post]
2 Oct 2011, 11:15 pm
In reporting the Reuters piece, the Wall Street Journal Law Blog noted a Pennsylvania judge’s ruling that while mediums like MySpace and Facebook could be used “as forums to divulge and seek advice on personal and private matters … it would be unrealistic to expect that such disclosures would be considered confidential. [read post]
9 Aug 2013, 10:30 am
It ruled that “Under the facts of this case, the determination that [the employee] engaged in misconduct was not supported by substantial evidence. [read post]
13 May 2010, 1:55 pm
Evidence is relevant “where it has some tendency as a matter of logic and human experience to make the proposition for which it is advanced more likely than the proposition would appear to be in the absence of that evidence” ( D.M. [read post]
4 Jan 2017, 9:24 am
The defendant argued that the plaintiff allowed the other evidence to be destroyed at a time she was anticipating litigation in the matter, and she should be prevented from introducing the evidence that she kept. [read post]
18 Mar 2023, 7:57 pm
The US and Texas Constitutions, Texas Juvenile Justice Code, Texas Code of Criminal Procedure, Texas Rules of Evidence, and even rulings from prior appeals courts, including the United States Supreme Court, all have a say in these important questions.This article explains the duties placed on the prosecuting attorney to produce evidence, the rights of the juvenile and their attorney to access evidence, and the limitations on the juvenile’s attorney… [read post]
