Search for: "MATTER OF RULES OF EVIDENCE"
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3 May 2018, 3:32 am
While two Supreme Court precedents offer some guidance in the controversy, the matter remains open ended for several reasons. [read post]
12 Oct 2011, 9:10 am
But, as matters were to unfold, Phillips, too, wandered at times from his core argument that the Fourth Amendment should simply have nothing to do with the procedures used in jails upon the receipt of new arrestees. [read post]
3 Jul 2024, 12:32 pm
"[T]he Board's determination of that issue will not be disturbed if supported by substantial evidence [and, to that end,] . . . as the sole arbiter of witness credibility, the Board has broad authority to resolve factual issues based on credibility of witnesses and draw any reasonable inference from the evidence in the record" (Matter of Saporito v Office of Ct. [read post]
3 Jul 2024, 12:32 pm
"[T]he Board's determination of that issue will not be disturbed if supported by substantial evidence [and, to that end,] . . . as the sole arbiter of witness credibility, the Board has broad authority to resolve factual issues based on credibility of witnesses and draw any reasonable inference from the evidence in the record" (Matter of Saporito v Office of Ct. [read post]
7 Mar 2015, 12:14 pm
Even the fact of injury is a matter of expert testimony. [read post]
12 Aug 2008, 9:59 pm
A litigant demonstrating that an adversary has hidden assets offshore, bears the burden of proof in court under Federal Rule of Evidence 301 or other evidentiary rules. [read post]
9 Oct 2019, 6:20 am
The post What Factors Matter Most to Appellate Justices When Reviewing a Notice of Appeal? [read post]
9 Oct 2019, 6:20 am
The post What Factors Matter Most to Appellate Justices When Reviewing a Notice of Appeal? [read post]
29 Dec 2008, 2:53 am
Absent objection, the financial declaration shall be considered as received in evidence subject to cross-examination. [read post]
12 Mar 2023, 2:05 pm
Id.While crafting the final rule on the matter, the Commission released two more ESG-related rule proposals. [read post]
15 Jan 2008, 1:39 am
In his third installment on great lawyering, John Day (Day on Torts Blog) discussed the importance of having a command of the rules of procedure and evidence. [read post]
19 May 2010, 3:34 am
The rule was amended and then in 2002 the rule was amended again to allow for subpoenas instead of motions when seeking documents from a non-party. [read post]
29 Oct 2017, 4:46 am
How will the court likely rule? [read post]
17 Mar 2015, 4:39 am
That’s a trick question, because it really doesn’t matter. [read post]
30 Jul 2018, 10:45 am
Below, we explain the ins and outs of demonstrative evidence so you can understand it when it matters most. [read post]
23 Apr 2013, 7:08 pm
The court in Brogan basically concluded that all of these new forms of digital technology (i.e., computer generated animations as demonstrative evidence, text messages, Facebook discovery, Twitter etc.) should be evaluated under the same, long-standing rules applicable to more conventional forms of paper discovery and evidence. [read post]
18 Oct 2008, 9:05 pm
R. of Evid. 801. [read post]
20 Dec 2013, 7:23 am
Evan points out that the court went so far as to conclude that the Yelp post was not hearsay to begin with because “It was not being offered to prove the truth of the matter asserted, but to demonstrate the consumer’s confusion — a then-existing mental state of the declarant, which is an exception to the hearsay rule. [read post]
5 Oct 2015, 11:22 am
The husband then sought to vacate the arbitration award and disqualify the arbitrator from ruling on the remaining issues of the matter, arguing that “parties cannot submit custody issues to binding arbitration because doing so deprives the court of its parens patriae obligation to assure the best interests of the child. [read post]
6 Feb 2007, 8:01 am
Inasmuch as this case only had in dispute about 600 documents, it is abundantly clear that courts will face significant challeges in dealing with e-discovery disputes and these complexities must be taken into account by the Advisory Committee on Evidence Rules when considering proposed Rule 502(b) (inadvertent disclosure of privileged information). [read post]
