Search for: "MATTER OF RULES OF EVIDENCE"
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13 Oct 2020, 5:00 am
Judge Rambo otherwise indicated that medical malpractice claims and products liability claims in this matter involved different duties and distinct evidence. [read post]
15 Sep 2015, 4:30 am
While the Commissioner noted that “It is unclear from the application and record, however, what exactly petitioners needed to “go through” and how this caused a delay,” the Commissioner, citing a number of rulings,* said that “To the extent petitioners may be claiming that they needed time to gather documents and evidence, perform research, and prepare their application, it is well settled that these reasons do not constitute ‘good… [read post]
28 Aug 2019, 4:05 am
I do not remove the head dressing in public as a matter of courtesy or protocol (such as when entering a professional office or attending a worship service). [read post]
11 Jun 2023, 5:14 pm
Most explicitly ruled out the charges announced in the indictment changing their views about Mr. [read post]
12 Nov 2021, 2:43 pm
In a criminal proceeding, expert testimony is admissible if the standards set forth in subdivision (a)(i) of this Rule are met and, in addition, the court finds that the subject matter is beyond the knowledge The post Expert testimony in Virginia DUI and criminal trials appeared first on Jon Katz, P.C.. [read post]
10 Feb 2022, 8:29 am
Nanovic addressed the issue of whether a minor Plaintiff was liable to pay a Department of Human Services/Medicaid lien arising out of a motor vehicle accident case in a matter where the Defendant had obtained a favorable ruling prior to trial on a Motion In Limine to exclude evidence at trial of all medical bills because it appeared that those medical bills were covered by a policy of insurance.In the Opinion, Judge Nanovic found that the Medicaid payments were not paid… [read post]
13 May 2010, 4:15 am
A Rule 59(e) motion requires newly discovered evidence or manifest errors of law. [read post]
2 Feb 2014, 9:01 pm
Court of Appeals for the Ninth Circuit ruled, as a matter of first impression, that First Amendment defamation rules apply equally to both the institutional press and individual speakers and writers, such as bloggers. [read post]
26 Dec 2022, 1:52 pm
” A motion for reargument “may not be used to relitigate matters already fully litigated or to present arguments or evidence that could have been presented before the court entered the order from which re-argument is sought. [read post]
19 Aug 2010, 9:39 pm
Under evidence rule 404(b), evidence of a prior crime or bad act cannot be admitted, except to show proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident when such matters are relevant to a material issue of dispute. [read post]
21 Aug 2022, 7:40 am
[The court ruled - correctly - that the law violates the First Amendment.] [read post]
4 May 2016, 9:19 pm
This decision follows similar ones in the US and Ireland, and it can only be a matter of time before Canada, Australia and other countries follow suit. [read post]
11 May 2006, 9:53 am
When a defendant in a patent case (or a trademark case, for that matter) introduces evidence of communications or documents otherwise falling within some privilege in defense of a charge of willful infringement, then quite obviously that privilege is waived. [read post]
13 Oct 2016, 7:15 am
In deciding custody and visitation matters regarding three young children recently, the courts were handed evidence of two parents who had numerous flaws and weaknesses as caregivers. [read post]
13 Oct 2016, 7:15 am
In deciding custody and visitation matters regarding three young children recently, the courts were handed evidence of two parents who had numerous flaws and weaknesses as caregivers. [read post]
11 Oct 2010, 10:00 am
For some time, there has been widespread reporting of half-truths in the news media, old and new, on the Cameron Todd Willingham matter. [read post]
19 Dec 2017, 12:18 pm
If only as a matter of circuit precedent.For example, here's what the Ninth Circuit said with respect to that procedure in U.S. v. [read post]
22 Jun 2010, 1:40 pm
The legal definition of hearsay is “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. [read post]
22 Dec 2015, 7:16 am
A prior ruling of the Seventh Circuit that the NLRB lacked a quorum because three of the Board’s five members were improperly appointed under the Recess Appointments Clause was not a ruling on the merits of the underlying unfair labor practice. [read post]
17 Feb 2022, 4:02 am
In light of Judge Rakoff’s announcement, if the circuit doesn’t uphold the ruling as a matter of law, then it may require that the case be retried to an untainted jury. [read post]
