Search for: "MATTER OF RULES OF EVIDENCE"
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29 Aug 2014, 6:51 am
Under VRE 602, the party seeking to bring in evidence must introduce sufficient evidence to establish that the witness has personal knowledge of the matter or the testimony will be excluded. [read post]
17 Jan 2014, 8:52 am
Whether additional evidence overcomes the falsity or the materiality prong of the court's new test won't matter much to defendants. [read post]
22 Feb 2019, 10:12 am
In fact, you may want to see how the court ruled in a recent case regarding the marital residence. [read post]
12 Jan 2022, 8:36 pm
FLORIDA RULES OF EVIDENCE TO BE AMENDED The Florida Senate is considering a bill 634, which would allow a court to take judicial notice of information contained in certain mapping websites, subject to objections, which must be overruled unless the court finds, by a preponderance of evidence, “that the material sought to be admitted does not fairly and accurately portray what it is being offered to prove or that it otherwise should not be admitted into… [read post]
23 Sep 2019, 10:33 am
” Would a news report to that effect be prima facie evidence that the government has violated Rule 6(e)? [read post]
13 Oct 2014, 4:28 am
The ultimate determination as to whether the evidence is, in fact, what its proponent claims is thereafter a matter for the jury. [read post]
1 May 2007, 7:34 am
Analysis: On appeal, the wife argued 1) the trial court erred in evaluating the evidence before it and that its ruling was contrary to the weight of the evidence presented, 2) the trial court erred in failing to grant her motion to alter, amend, or vacate the prior order, and 3) her husband failed to comply with KRS 403.350, depriving the family court of subject matter jurisdiction. [read post]
9 May 2012, 5:52 pm
Affirming judgment for the employee, the court also ruled that the award of $94,500 in damages was supported by the evidence and was not excessive. [read post]
16 Sep 2010, 2:28 am
As a general matter, per se rules are anathema to the Fourth Amendment, see Ohio v. [read post]
23 Oct 2013, 12:24 pm
In order to rely on deemed admissions in lieu of evidence, the proponent must establish that the requests for admissions were served in compliance with the rules of civil procedure. [read post]
5 Feb 2007, 11:31 pm
They point out that other courts have ruled that both sides can present circumstantial evidence as to a defendant's state of mind. [read post]
16 Apr 2014, 6:12 am
R.E. 803(8) or as an official record exception to the hearsay rule at 42 Pa. [read post]
22 Aug 2018, 7:31 pm
Guzman (2017) 11 Cal.App.5th 184217 Cal.Rptr.3d 509 – holding that Penal Code section 632’s exclusionary rule for evidence obtained as a result of recording a confidential communication without the consent of all parties was superseded to the extent it is invoked to suppress relevant evidence in a criminal proceeding under the ‘Right to Truth–in–Evidence,’ Cal. [read post]
20 Nov 2018, 10:20 am
As a doctrinal matter, the case is an interesting one, because it seems relatively clear that a straightforward and direct application of Solem would lead to a ruling in favor of Murphy. [read post]
8 Oct 2020, 10:00 am
These provided some credible evidence to support the Medical Board's finding that Officer was not disabled at the time of his retirement.Referring to Matter of Khurana v Kelly, 73 AD3d 497, leave to appeal denied 15 NY3d 715, the court held that the Medical Board "was not bound by the contrary opinions of [Officer's] treating physicians. [read post]
15 Feb 2017, 4:00 am
In so ruling, the court referenced appellate law for the proposition that “subsequent estimates assign(ing) at a higher value of the claim is not ‘clear and convincing’ evidence that the insurer acted in bad faith in arriving at its initial estimate. [read post]
8 Oct 2020, 10:00 am
These provided some credible evidence to support the Medical Board's finding that Officer was not disabled at the time of his retirement.Referring to Matter of Khurana v Kelly, 73 AD3d 497, leave to appeal denied 15 NY3d 715, the court held that the Medical Board "was not bound by the contrary opinions of [Officer's] treating physicians. [read post]
27 Nov 2017, 12:49 pm
The court based its conclusion on article VI, section 13 of the California Constitution (article VI, section 13), which provides: “No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the… [read post]
8 Jan 2022, 6:33 pm
The plaintiff moved to set aside the verdict as against the weight of the evidence, or in the alternative, to set aside the verdict and grant judgment in her favor as a matter of law. [read post]
6 Feb 2018, 8:02 pm
Some District Courts have even insisted on oral evidence in the matter. [read post]
