Search for: "MATTER OF RULES OF EVIDENCE"
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21 Feb 2014, 11:55 am
No evidence of this effect is offered, and all of the amici curiae who are frequent litigants state the contrary position. [read post]
17 Sep 2018, 6:19 am
Maryland presented both textual evidence and evidence from the Federalist Papers in support of its view that States and the federal government have co-equal authority to tax for the purposes of raising revenue. [read post]
21 Aug 2015, 1:25 pm
Although the formal rules of evidence are generally not applied, exhibits, or documentary evidence, are offered and admitted. [read post]
21 Nov 2013, 7:14 am
The latest disclosures follow other evidence that this court has had less than a stellar record in enforcing its rulings. [read post]
1 Jul 2015, 7:44 pm
The Board evidently is of the “preliminary view” that it intends, inexplicably, to go along with AC’s request that it “revisit” its December 4, 2013 ruling denying consolidation. [read post]
23 Mar 2014, 6:58 pm
The ruling: In a motion for summary judgment, “the proponent must make a prima facie showing of entitlement to judgment as a matter of law, tending sufficient evidence to demonstrate the absence of any material issues of fact. [read post]
25 Oct 2017, 9:46 pm
Although the formal rules of evidence are generally not applied, exhibits, or documentary evidence, are offered and admitted. [read post]
3 Feb 2022, 3:11 pm
The California Supreme Court’s ruling appears correct as a matter of straightforward statutory interpretation—there is no need to borrow a burden-shifting framework from federal case law when Section 1102.6 provides one. [read post]
12 Jan 2023, 8:56 am
The court found that neither rule applied and held the following: The Plaintiffs failed to prove by a preponderance of the evidence that the Maersk Idaho violated 33 C.F.R. [read post]
17 Dec 2022, 6:30 am
Further, a court “may not make credibility determinations or weigh the evidence” in ruling on a motion for summary judgment. [read post]
8 Nov 2011, 8:24 am
Dallas Area Rapid Transit (05-08-01164-CV) – Recites well-established (1) standard for reviewing traditional summary judgment; (2) standard for reviewing traditional summary judgment; (3) rule that, when both traditional and no-evidence summary motions for summary judgment are at issue, appellate court reviews no-evidence summary judgment first; (4) standard for reviewing whether access to property has been materially and substantially impaired; (5) statute of… [read post]
13 Jan 2015, 11:27 am
Under Georgia law, courts must determine whether the moving party has demonstrated that there is no genuine issue of material fact, and that the facts as presenteda warrant judgment as a matter of law. [read post]
16 Sep 2017, 10:26 am
The Gillespies now appeal and challenge several of the trial court's evidentiary rulings and the sufficiency of the evidence to support some of the trial court's findings and conclusions.II. [read post]
27 Jul 2015, 11:06 am
" The upshot of the majority ruling is to leave the Brulotte rule in place. [read post]
15 Feb 2016, 5:22 am
But do the Rules of Evidence give the treating physician named as a non-retained expert extra leeway in offering whatever opinions she has by the time of trial? [read post]
20 Nov 2008, 9:17 am
The Board's decision had indeed been based on such grounds and on evidence to which Schräder had access and on which he could have expressed his views both orally and in writing.* the Board of Appeal was entitled to deduce from the evidence at its disposal that SUMCOL 01 could not be clearly distinguished from a reference variety which was a matter of common knowledge at the time that the application had been introduced. [read post]
1 Dec 2019, 11:53 am
In his July opinion, Judge Bertelsman accepted Sandmann’s version of the encounter as is required when ruling on a motion to dismiss. [read post]
30 Jul 2015, 6:37 am
Thuan Phong also sought judgment as a matter of law. [read post]
8 Apr 2021, 11:42 am
Second, the appellate court pointed out that when it remanded this matter in Swain I, it had already concluded that the transcript alone provided an insufficient basis to resolve the conflicts in the evidence, and those disputes remained unresolved by the new order. [read post]
8 Dec 2020, 2:05 am
However, he had not failed to take all appropriate matters into account. [read post]
