Search for: "MATTER OF RULES OF EVIDENCE"
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24 Jun 2011, 10:43 am
The ruling reversed a trial court decision, and remanded the matter to the trial court for further proceedings on the plaintiff's claims against the insurance company for bad faith. [read post]
27 Feb 2023, 6:26 am
But, evidently, there are exceptions to this otherwise ironclad rule. [read post]
3 Jul 2024, 2:41 pm
Even seemingly “small” matters such as Ohio v. [read post]
27 Mar 2012, 6:05 pm
In particular, I suspect that some trial courts will tend to return to their prior personal views on the matter, meaning that while Rule 5.250 requires a court to state certain findings on the record in order to overcome the 'presumption' of the statute that child testimony should be allowed, all that is generally required of judges to avoid being reversed on appeal is compliance with the rule (i.e., explaining why they ignored it) and evidence that they… [read post]
16 Aug 2022, 6:29 am
Nor did Trump take any administrative steps to change or install exceptions to these rules. [read post]
27 Aug 2008, 8:28 pm
Here, the court concluded, there was no evidence on the face of the complaint to weigh those factors, and therefore it cannot be determined that the covenant is unreasonable as a matter of law. [read post]
23 Aug 2011, 11:07 am
This is a ruling that could raise many questions. [read post]
Deborah Tuerkheimer’s Judging Sex & The En Banc Opinion That Reversed The Rape Shield Killing Ruling
17 May 2012, 7:06 am
And what it does, like “mercy rule” in Federal Rule of Evidence 404(a)(2), is to create a Pandora’s box. [read post]
3 Oct 2023, 8:56 am
Kemokai presented evidence of mental health problems, and this evidence was not considered by either the immigration judge or the BIA, we remand for reconsideration in light of Matter of B-Z-R-. [read post]
23 Apr 2016, 6:38 am
As a general rule, any out-of-court statements being offered for the truth of the matter asserted are not admissible as evidence. [read post]
12 Sep 2019, 8:28 am
… It must be a decision based on the evidence before us, and the evidence that keeps coming in. [read post]
7 May 2012, 11:50 am
The hearsay rule under the Florida Rules of Evidence can appear to be prohibitive when going through a divorce, however, an experienced family law trial attorney who knows exactly how they apply and when exceptions apply can use the hearsay rule as a powerful tool. [read post]
7 May 2012, 11:50 am
The hearsay rule under the Florida Rules of Evidence can appear to be prohibitive when going through a divorce, however, an experienced family law trial attorney who knows exactly how they apply and when exceptions apply can use the hearsay rule as a powerful tool. [read post]
17 Aug 2016, 10:58 am
” The Court of Appeal reversed the decision, holding that the Business Judgment Rule’s protections require a showing of reasonable diligence on the part of the director: “When courts say that they will not interfere in matters of business judgment, it is presupposed that judgment—reasonable diligence—has in fact been exercised. [read post]
24 Jul 2015, 5:00 am
Nealon addressed a defense motion in limine that raised issues regarding the admissibility of crimini falsi evidence against the Plaintiff under Pa.R.E. 609 and evidence of prior bad acts or crimes by the Plaintiff under Pa.R.E. 404(b).In this matter, the Plaintiff made a claim under a GEICO auto policy following a loss of his vehicle by fire. [read post]
24 Jun 2008, 10:49 pm
In addition to the disclosure required under the previous rule, which included written reports or statements of experts and test and examination results, the new rule requires disclosure of the subject matter of the State's Attorney's consultation with any expert. [read post]
8 Nov 2011, 12:08 am
The Plaintiff argued that the new Rules of Court don’t require such statements to be listed as they only go to credibility which is a collateral matter. [read post]
12 Jun 2012, 4:16 am
While the voting was occurring on this rule, he simultaneously participated in the votes taken on other matters, and deliberately abstained from voting on this rule. [read post]
23 Jun 2016, 9:53 pm
In contrast, the lower court opinion by the Court of Appeals actually demanded that the plaintiffs produce evidence to support the contention that municipal residency requirements are matters of statewide concern. [read post]
19 Apr 2016, 7:21 am
As an initial matter, the state high court noted that the McDonnell Douglas paradigm applied. [read post]
