Search for: "MATTER OF RULES OF EVIDENCE" Results 361 - 380 of 41,960
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26 May 2023, 6:00 am by Second Circuit Civil Rights Blog
The real appeal from the verdict will be from the trial court's ruling under Rule 50(a), as that motion for judgment as a matter of law will be based on the evidence at trial, not the summary judgment record, which by the time the case reaches trial everyone has forgotten about. [read post]
7 Jan 2011, 4:16 am
Existence of conflicting evidence in an administrative proceeding requires conducting a hearing “to fully develop the record”Matter of Carr v Cairo Fire Dist., 2011 NY Slip Op 00056, Appellate Division, Third DepartmentJames A. [read post]
20 May 2011, 1:36 pm by Rob McKinney
Tennessee's hearsay rule is riddled with exceptions.One interesting rule of evidence I am dealing with now is an exception to the hearsay rule. [read post]
6 Mar 2012, 4:03 pm by CaliforniaInsuranceDefense
They are (1) substantive law, which creates the legal right to make a claim such as creating the legal elements necessary to make a valid claim; (2) procedural law, which provides rules regarding how and when a claim must be be lawfully made; and finally (3) evidence law, which provides rules regarding how one must prove (or disprove) a claim or a defense. [read post]
13 May 2019, 5:00 am by Daniel E. Cummins
.), the court addressed a Motion for Summary Judgment filed by a Defendant after a discovery sanctions Order had been previously entered by another judge on the same bench barring the Plaintiff “from offering evidence at the trial of this matter. [read post]
1 Apr 2021, 3:30 am by Eric B. Meyer
However, the appeals court saw “no evidence that the slogan criticized or degraded anyone of any race or, even more specifically, the Black Lives Matter movement or mission. [read post]
17 Jul 2009, 3:30 am
Federal Rule of Evidence 803(5) provides an exception to the rule against hearsay for A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully... [read post]
31 Dec 2012, 11:52 am by Evidence ProfBlogger
Similar to its federal counterpart, Utah Rule of Evidence 803(8) provides an exception to the rule against hearsay for A record or statement of a public office if: (A) it sets out: (i) the office’s activities; (ii) a matter observed... [read post]
5 Jan 2010, 5:30 am by Evidence ProfBlogger
Texas Rule of Evidence 803(8) provides an exception to the rule against hearsay for Records, reports, statements, or data compilations, in any form, of public offices or agencies setting forth: (A) the activities of the office or agency; (B) matters... [read post]
25 Feb 2021, 1:54 pm by Evidence ProfBlogger
Similar to its federal counterpart, Indiana Rule of Evidence 803(5) provides an exception to the rule against hearsay for A record that: (A) is on a matter the witness once knew about but now cannot recall well enough to testify... [read post]
5 Oct 2019, 8:54 am by Evidence ProfBlogger
Federal Rule of Evidence 803(5) provides an exception to the rule against hearsay for A record that: (A) is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately; (B) was... [read post]
12 Apr 2009, 6:06 am
Under Texas' version of the anti-jury impeachment rule, Texas Rule of Evidence 606(b), 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 course of... [read post]
4 Jun 2012, 6:51 am by Evidence ProfBlogger
Federal Rule of Evidence 803(5) provides an exception to the rule against hearsay for A record that: (A) is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately; (B) was... [read post]
29 Jun 2010, 5:12 am by Gregory Forman
 This is important in making a threshold determination of whether evidence is relevant under the South Carolina Rules of Evidence. [read post]
20 Feb 2009, 7:01 am
"We are of the view that to interpret New Jersey Rule of Evidence 615 to authorize the routine sequestration of expert witnesses in a matter such as this is contrary to the terms of New Jersey Rule of Evidence 703, which provides that an expert may base his opinion upon 'facts or data . . . perceived by or made known to the expert at or before the hearing. [read post]
12 Mar 2009, 5:42 am
This major study by the British Institute of International and Comparative Law on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts in detail, in both contentious and advisory proceedings, from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace.Considerations of flexibility and respect for the sovereignty of the State Parties… [read post]