Search for: "MATTER OF RULES OF EVIDENCE"
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1 Nov 2016, 9:00 am
Spoliation occurs when a party violates its duty to preserve evidence that could be relevant to a matter at issue in litigation. [read post]
31 May 2007, 3:47 pm
M.R.E. 414 originated as part of the Violent Crime Control and Enforcement Act of 1994 and become part of the Military Rules of Evidence in 1996 by operation of Military Rule of Evidence 1102's automatic incorporation of Federal Rules of Evidence changes. [read post]
28 Apr 2022, 9:10 am
The Michigan Rules of Evidence dictate what evidence the state is permitted to use against a defendant at trial. [read post]
7 Jan 2010, 5:30 am
Like its Federal Rule of Evidence 803(5), Texas Rule of Evidence 803(15) provides an exception to the rule against hearsay for A statement contained in a document purporting to establish or affect an interest in property if the matter stated... [read post]
25 Nov 2019, 2:20 pm
There are exceptions to the rule, though, that will render hearsay evidence admissible. [read post]
12 Oct 2021, 1:12 am
The parol evidence rule applies where the written agreement is intended to be the exclusive recording of the agreement between the parties. [read post]
8 Apr 2013, 4:19 am
DeRosia, 2012 WL 4863788 (E.D.Cal. 2012), provides a nice illustration of why the Best Evidence Rule should apply to writings that are no offered to prove the truth of the matter asserted.... [read post]
13 Jul 2021, 4:00 am
An expert report is required to be delivered in order for the expert’s evidence to be admissible at trial – see Rule 279. [read post]
14 Dec 2021, 8:30 am
The appeal court concurred, ruling that a support award must be supported by significant and competent evidence. [read post]
7 Dec 2010, 8:45 am
For a personal injury attorney the rules of evidence are pretty clear. [read post]
9 Jul 2012, 9:04 am
The district court ruled that certain system, method, and media claims were not dircted to patentable subject matter under § 101 of the Patent Act. [read post]
19 Oct 2018, 6:00 am
" In other words, said the Court of Appeals, "[r]ationality is what is reviewed under the substantial evidence rule" and substantial evidence is "such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact. [read post]
4 May 2010, 2:11 pm
Similar to Federal Rule of Evidence 413, Iowa Code Section 701.11 provides in relevant part that In a criminal prosecution in which a defendant has been charged with sexual abuse, evidence of the defendant’s commission of another sexual abuse is admissible and may be considered for its bearing on any matter for which the evidence is relevant. [read post]
24 Jan 2017, 9:44 am
The post Maine, Massachusetts and New Hampshire Social Security Disability Applicants Face New Medical Evidence Rules, Part 1 appeared first on Social Security Disability Lawyer Blog. [read post]
14 Jan 2012, 2:56 pm
Ironically, the term “self-serving” doesn’t even appear in Rule 166a(c) (or any other rule of evidence, for that matter). [read post]
24 Jan 2018, 3:27 am
This ruling may incentivize civil counsel to delay routine documentary disclosure to the conclusion of the criminal matter. [read post]
4 Dec 2023, 9:05 pm
It is based on their recent article, “How It Matters Who Makes Corporate Rules,” available here. [read post]
5 Jul 2022, 8:00 am
The hearsay rule regulates what evidence a judge or jury can take into account at trial and can apply to both oral testimony and written documents. [read post]
26 Sep 2012, 1:15 pm
There are, depending on how you count, around thirty enumerated exceptions to the rule that hearsay is not to be admitted into evidence. [read post]
5 Oct 2021, 5:52 pm
The court explained that Rule 404(b) is not a rule of exclusion but is a rule of inclusion, and therefore, extrinsic evidence should be admitted unless it tends to show only criminal propensity. [read post]
