Search for: "MATTER OF RULES OF EVIDENCE"
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26 Apr 2018, 6:17 pm
The book is the first of its kind to systematically review the jurisprudence of investor-state tribunals on evidentiary matters and inductively establish the rules recognized in those decisions. [read post]
16 Jan 2014, 4:30 am
Its final report was published as the, Report of the Federal/Provincial Task Force on Uniform Rules of Evidence (Toronto: Carswell; 1982). [read post]
17 Apr 2019, 1:55 pm
During the punishment phase, both the State and defense may offer evidence as to “any matter the court deems relevant to sentencing,” including the circumstances of the offense for which he is charged. [read post]
23 Jun 2010, 3:26 pm
As a practical matter, a trial court confronted with an evidence determination precedent to ruling on a summary judgment motion squarely must address the evidence decision first. [read post]
5 Jan 2012, 6:27 am
Like its federal counterpart, Arkansas Rule of Evidence 606(b) provides that 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 the jury's... [read post]
19 May 2010, 8:50 pm
Somewhat similar to its federal counterpart, Texas Rule of Evidence 606(b) provides that 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 jury's deliberations,... [read post]
11 May 2024, 7:42 am
The parol evidence rule is a substantive rule of law that limits the introduction of evidence to interpret the meaning of a contractual provision. [read post]
25 Jul 2020, 3:25 pm
Rule 801(c) defines hearsay as a statement that: (1) the declarant does not make while testifying at the current trial or hearing and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. [read post]
27 Feb 2022, 8:21 pm
In criminal matters, there is certain evidence the state cannot use to demonstrate a defendant’s guilt. [read post]
27 Jun 2018, 8:22 am
Self-authenticating evidence under Rule 902 is evidence that requires no extrinsic evidence to prove that it is what it purports to be. [read post]
14 Aug 2019, 12:28 pm
In some situations, courts must revisit old rules when dealing with new evidence. [read post]
22 Apr 2021, 9:12 am
In most situations, when a ruling is issued by the courts, litigation over the matter is resolved. [read post]
7 Jan 2021, 3:23 pm
This means, among other things, that if a judge demonstrates bias or evidence suggests that the judge is otherwise unable to rule in an objective manner, the defendant can file a motion for recusal. [read post]
19 Jul 2011, 8:15 am
Back on Sunday, I posted an entry about how defendants seeking to present good character evidence about themselves under the "mercy rule" of Federal Rule of Evidence 404(a)(1) can only present reputation and/or opinion testimony under Federal Rule of Evidence... [read post]
23 Jan 2017, 5:00 am
The appellate court ruled that, to admit the Plaintiff’s BAC results in this case require additional evidence of conduct of the Plaintiff to suggest intoxication. [read post]
9 Oct 2012, 12:16 pm
Retaining a lawyer who has a good understanding of the rules of evidence will go a long way toward making sure the evidence that should be heard in your case is presented, and the evidence that shouldn’t is excluded. [read post]
25 Aug 2023, 6:22 pm
Rule 702 is addressed to the admissibility vel non of opinion testimony, some of which may rely upon epidemiologic evidence. [read post]
17 Oct 2011, 4:04 am
To be material to the case, the evidence sought to be admitted must be related to a matter that is actually in dispute. [read post]
20 Aug 2017, 11:33 am
For lawyers without the time and money to find the dockets and briefs of Rule 36 cases, this practice would certainly provide a richer picture of how the Federal Circuit disposes of subject-matter issues. [read post]
24 Apr 2014, 2:04 pm
The Tennessee Rules of Evidence act like a filter. [read post]
