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Text(ual) Analysis: Court of Appeals of Minnesota Addresses Admissibility of Forwarded Text Messages
9 Dec 2013, 11:56 am
Minnesota Rule of Evidence 901(a) provides that The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. [read post]
6 May 2011, 7:29 am
The defendant could have addressed the matters about which he gave evidence on discovery in his affidavit evidence. [read post]
29 Aug 2011, 7:01 am
’ The plain language of Rule 901 provides that testimony that a matter is what it is claimed to be is sufficient to authenticate a document. [read post]
11 Jun 2013, 12:05 pm
Rule 37 does not call for the 'striking' of discovery materials; it only limits their future use as evidence. . . . [read post]
12 Sep 2008, 7:57 pm
There's going to be a new Federal Rule of Evidence, approved by voice vote in the House this week and unanimously by the Senate earlier this year. [read post]
21 Apr 2024, 9:47 am
The state had provided discovery for one of his other pending cases but not for the subject matter. [read post]
4 Jan 2022, 5:00 am
In reviewing the potential evidence within the context of the case, the Court ruled that it appeared that the statements would be offered for the truth of the matter and were, therefore, inadmissible as hearsay.Based upon this ruling, the court denied in part, and granted in part, the Defendant’s Motion In Limine. [read post]
2 Jul 2011, 4:27 am
When ordinances, administrative rules or regulations are at issue in a case, the Texas Rules of Evidence provide the vehicle by which a court may take judicial notice of their content. [read post]
16 May 2011, 9:21 am
The following is an excerpt: The Federal Rules of Civil Procedure allow liberal discovery such that "any nonprivileged matter that is relevant to any party's claim or defense" is discoverable. [read post]
8 Feb 2024, 3:00 am
The trial court judge heard extensive factual testimony and argument over these matters of disputed fact, assessed the evidence, and made detailed findings of fact concerning what the evidence led her to conclude about these matters. [read post]
16 Nov 2021, 12:00 pm
This, fortunately for me, does not have anything to do with the rules of evidence or really anything that requires any specific legal knowledge. [read post]
19 Oct 2009, 1:43 pm
Hearsay is still generally inadmissible at trial because it is “an out-of-court statement introduced for the truth of the matter asserted. [read post]
1 Feb 2022, 12:20 pm
The evidence needed to defeat a plaintiff’s motion for summary judgment in a lawsuit arising out of a rear-end collision was the topic of a recent ruling issued by a New York court. [read post]
4 Apr 2012, 9:21 am
If the matter cannot be heard in a U.S. court, Rule 27 is not available. [read post]
17 Feb 2022, 4:00 am
Documentary evidence will need to be preserved too, and the investigator will have to demonstrate a proper chain of custody of the evidence if the matter ends up in court. [read post]
22 Nov 2010, 6:11 am
Indeed, the advisory committee's note to Rule 1002 states that the best evidence rule does not apply to `testimony that books or records have been examined and found not to contain any reference to a designated matter. [read post]
19 Dec 2017, 7:47 am
No matter how many courtroom dramas you see on television, there are still some rules when it comes to admitting evidence. [read post]
2 Dec 2014, 9:28 am
But, it concluded, this method is proper only when the document “deals with a matter sufficiently obscure . . . so that the contents of the writing were not a matter of common knowledge. [read post]
9 Mar 2010, 9:37 am
The Texas Court of Criminal Appeals is Texas’s highest court for criminal matters; and the decision is on a matter of state law, so the U.S. [read post]
21 Jan 2008, 9:00 pm
This week on Hull on Estates, Craig Vander Zee and Sarah Fitzpatrick discuss expert evidence in estate matters. [read post]
