Search for: "MATTER OF RULES OF EVIDENCE"
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11 Dec 2013, 10:50 pm
Only if 'the evidence is not such as to allow a finding, [does] the judge withdraw[ ] the matter from [the jury's] consideration.' [read post]
17 Sep 2011, 8:18 am
Like its federal counterpart, Arkansas Rule of Evidence 901(b)(1) provides that a party can authenticate evidence through the "[t]estimony of a witness with knowledge that a matter is what it is claimed to be. [read post]
19 Sep 2011, 12:52 pm
Similar to Federal Rule of Evidence 609(a)(1), Iowa Rule of Evidence 5.609(a)(1) provides that Evidence that a witness other than the accused has been convicted of a crime shall be admitted, subject to rule 5.403, if the crime was punishable... [read post]
17 Oct 2016, 9:01 pm
Or, alternatively, we might want to say that the Sixth Amendment right to an impartial jury means that any evidence of juror bias of any kind that might threaten the impartiality of deliberations must be admissible to impeach a jury verdict in a criminal case, no matter what the rule of evidence says. [read post]
24 Sep 2020, 6:50 am
I think of this as the “medium matters” rule. [read post]
23 Jun 2023, 5:42 am
The North Carolina appeals court will look for errors of law or procedure[1]; it does not rehear evidence or question whether it would agree with the lower court’s decision. [read post]
24 Mar 2019, 7:47 pm
They therefore acquire a great deal of information which is not necessarily evident from a written transcript, no matter how complete. [read post]
12 Jul 2012, 1:01 pm
“[M]ore is required to sustain a ruling admitting such evidence than incantation of the illustrative exceptions contained in the Rule. [read post]
9 Jan 2017, 4:19 pm
The next logical extension that has not yet universally been undertaken by family lawyers and their bench officers (and certainly it is a mystery to pro se litigants) is this: The pleadings also must limit the evidence, not just the relief requested, and where someone wants to introduce matters that are "untethered" from the menu their pleadings set, they must be denied. [read post]
3 Jul 2014, 8:12 am
Rules of evidentiary privilege are found in Rules 501 to 514 of the Military Rules of Evidence (MRE). [read post]
23 Nov 2007, 8:00 am
According to Federal Rule of Evidence 901, authentication requires the presentation of evidence "sufficient to support a finding that the matter in question is what its proponent claims. [read post]
9 Sep 2017, 10:28 am
D objects to the note reading on hearsay grounds.How should the court rule? [read post]
9 Sep 2017, 10:28 am
D objects to the note reading on hearsay grounds.How should the court rule? [read post]
9 Sep 2017, 10:28 am
D objects to the note reading on hearsay grounds.How should the court rule? [read post]
9 Sep 2017, 10:28 am
D objects to the note reading on hearsay grounds.How should the court rule? [read post]
27 May 2024, 10:23 am
Two rules in the Texas Rules of Evidence deal with the admissibility of extraneous evidence as well: Tex. [read post]
19 May 2022, 6:07 am
A Texas federal court judge Tuesday ruled Apple Inc. owes $300M in damages in a patent infringement case. [read post]
7 Apr 2023, 1:54 pm
You Don’t Have to Prove the State Acted Maliciously Additionally, the court’s ruling in favor of the accused makes it clear that an accused person is entitled to seek a missing evidence jury instruction whenever the missing evidence was highly relevant, regardless of whether the authorities destroyed the evidence in question on purpose or accidentally. [read post]
9 Oct 2016, 11:39 am
Although the court overseeing the matter did not find the prosecutor had engaged in willful misconduct, he was nonetheless removed from the case. [read post]
19 Jun 2017, 12:05 pm
Rule 404 (b) of the Federal Rules of Evidence excludes this kind of thing, but allows admission of evidence of another act “as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. [read post]
