Search for: "MATTER OF RULES OF EVIDENCE"
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10 Sep 2012, 7:25 am
His evidence, as matters currently stand, includes both the entirety of the examination for discovery evidence, and an affidavit from Ms. [read post]
10 Sep 2012, 7:25 am
His evidence, as matters currently stand, includes both the entirety of the examination for discovery evidence, and an affidavit from Ms. [read post]
14 Apr 2015, 12:44 pm
Supreme Court disagreed, holding that the teacher’s Article 78 petition was timely and the School District appealed.The Appellate Division, contrary to the Supreme Court's determination, ruled that the School District was correct.The court explained that as a general rule, a proceeding pursuant to CPLR Article 78 must be commenced within four months after the determination to be reviewed becomes final and binding on the petitioner and that the initial determination… [read post]
21 Jul 2014, 8:00 am
They argued the arbitrators committed misconduct in granting a motion for judgment as a matter of law and that the arbitrators exceeded their power by ignoring Alabama precedent. [read post]
23 Jan 2011, 9:39 am
It is a fundamental rule of evidence under the Indian Law that hearsay evidence is inadmissible. [read post]
21 Mar 2013, 5:30 am
A second issue concerned a procedural matter. [read post]
14 Feb 2021, 3:11 pm
The grounds for admitting evidence of prior acts of domestic violence was the topic of a recent Washington opinion, in a matter involving a felony violation of a no-contact order. [read post]
2 Jun 2016, 11:03 am
In Copsey, the appeals court held that it doesn’t matter whether the alleged third-party negligence occurred before or after the defendant treated the patient, since without such evidence, the jury would be given a materially incomplete picture of the facts, and the defendant would be denied a fair trial. [read post]
1 Nov 2022, 5:00 am
In an example of criminal court case providing law that could become pertinent in a civil litigation matter, in the case of Commonwealth v. [read post]
31 Mar 2024, 11:14 am
“A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. [read post]
4 Feb 2009, 8:18 am
In a joint ruling, two British Judges issued a ruling blasting the U.S. for not releasing evidence that would show if British agents were complicit in torturing Mohammed and for threatening Britain. [read post]
20 Aug 2023, 6:58 am
Contesting Prior Convictions in Florida Criminal Matters On appeal, the court explained that in cases where a defendant contests the veracity of their prior convictions, the State is required to provide competent evidence corroborating these convictions. [read post]
4 Mar 2015, 5:02 am
”In Matter of Cunningham, 21 NY3d 515, the Court of Appeals considered the use of a Global Positioning System device to gather evidence of a state employee’s alleged misconduct [see http://publicpersonnellaw.blogspot.com/2013/06/using-global-positioning-system-device.html]. [read post]
22 Dec 2016, 8:45 am
Fourth, and perhaps most importantly, the ruling matters because it may signal where the EU is headed. [read post]
1 Dec 2016, 11:38 am
Under the Rules Enabling Act, Congress created a process by which subject-matter specific advisory committees propose rules to a Standing Committee, who in turn proposes changes to the Federal Rules to the Supreme Court. [read post]
28 Dec 2023, 8:39 am
Judgment as a Matter of Law in Car Accident Cases On review, the court applied the legal standard under Federal Rule of Civil Procedure 56 for summary judgment, emphasizing the need to determine whether there was a genuine dispute of material fact. [read post]
20 Jan 2024, 1:18 pm
The compliment/exception to the four corners rule is the parole evidence rule. [read post]
21 Jul 2022, 7:23 am
This is remarkable because this is already the test for early dismissal of claims under Part 24 of the Civil Procedure Rules. [read post]
18 Feb 2011, 1:52 pm
After considering the parties’ submissions regarding expert reports, ALJ Luckern ruled that no expert reports will be received into evidence at the evidentiary hearing. [read post]
24 Sep 2020, 5:00 am
.), the court granted summary judgment in a premises liability matter. [read post]
