Search for: "MATTER OF RULES OF EVIDENCE"
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23 Jan 2010, 6:42 pm
In this case, the appellate court found two factors persuasive. (1) The trial court did not state its ruling was “due to the wife’s failure to make a prima facie showing of the husband’s fraud, as a matter of law. [read post]
24 Apr 2020, 2:52 pm
Matters filed in Circuit Court are governed by the Florida Rules of Civil Procedure, Florida Evidence Code, and Florida Rules of Judicial Administration. [read post]
21 Dec 2011, 5:57 am
" The effect of this is self-evident. [read post]
9 Oct 2008, 8:29 pm
In a case where the issue of fault is hotly contested, is it possible to have that matter heard first before spending time (and in all likelihood a lot of money) presenting the medical evidence addressing the extent of injury? [read post]
6 Jun 2022, 6:08 am
The district court denied the union's motion for a preliminary injunction, and the Second Circuit ruling agrees with the district court. [read post]
17 Dec 2014, 4:09 am
However, “we note that similarity is not a binary factor but is a matter of degree. [read post]
9 Nov 2017, 4:00 am
"In Matter of Uniformed Firefighters Assn. of Greater N.Y. v City of New York, 114 AD3d 510, leave to appeal denied, 23 NY3d 904, the court held that "if the [Board's] determination has a rational basis, we must affirm, even if this Court would have interpreted the provision differently. [read post]
13 Jun 2011, 4:10 am
School Dist., 2011 NY Slip Op 04795, 510841 In considering an appeal of an adverse disciplinary arbitration pursuant to Article 75 of the Civil Practice Law and Rules, the Appellate Division observed that: Courts must review Education Law §3020-a disciplinary determinations by a Hearing Officer in accordance with the provision set out in §7511 of the Civil Practice Law and Rules, which section permits vacatur of an award on grounds of misconduct, abuse of… [read post]
24 Mar 2009, 7:28 am
As a result, his testimony did not meet the standard of admissibility of evidence under Rule 702.This fact notwithstanding, the court still held there was sufficient evidence in the record to conclude the asserted claim was obvious. [read post]
17 Mar 2021, 5:00 pm
Your support matters. [read post]
9 Oct 2013, 4:00 am
For this last week: Cassell (Re) 2013 CanLII 62094 (ON RC)Both appellants were unable to provide cogent, clear and convincing evidence why the panel should grant the appeals thereby overriding SB rule number 12.10.01. [read post]
14 Jul 2017, 6:55 am
There are now four circumstances identified in the Final Rule as good cause for the introduction of new evidence. [read post]
14 Jul 2017, 6:55 am
There are now four circumstances identified in the Final Rule as good cause for the introduction of new evidence. [read post]
13 Jul 2017, 5:00 pm
There are now four circumstances identified in the Final Rule as good cause for the introduction of new evidence. [read post]
21 Nov 2010, 9:54 am
" A later court tartly summarized the traditional Anglo-American rule about procuring evidence: "It matters not how you get it; if you steal it, even, it would be admissible in evidence. [read post]
23 Oct 2013, 1:52 pm
Although Montex had not adduced evidence as to the provenance of its DIESEL mark in support of its opposition under Rule 37 of the same Rules, Diesel's criticism of the absence of an explanation under Rule 38 provided the basis on which Montex could address the matter under Rule 39. [read post]
17 Jan 2012, 1:00 am
Under Rule 75.01 of the Ontario Rules of Civil Procedure, mandatory mediation applies to the Substitute Decisions Act. [read post]
13 Jul 2010, 9:51 am
Circuit, the new ruling was written by Senior Circuit Judge A. [read post]
16 Nov 2015, 2:20 pm
First, California Rules of Court, rule 8.204 requires that each brief support reference to a matter in the record with citation “to the volume and page number of the record where the matter appears. [read post]
29 Apr 2018, 2:46 pm
Mere preparation to commit a crime does not, as a matter of law, constitute “attempt. [read post]
