Search for: "MATTER OF RULES OF EVIDENCE"
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13 Apr 2011, 8:57 am
., A-1691-09T3, April 7, 2011: “‘[I]f evidence is not offered for the truth of the matter asserted, the evidence is not hearsay and no exception to the hearsay rule is necessary to introduce that evidence at trial. [read post]
20 Jul 2014, 1:21 pm
New Military Rules of Evidence publication The Military Rules of Evidence (MRE) are published by the President in the Manual for Courts-Martial (MCM). [read post]
9 Jan 2021, 6:43 am
Similar to its federal counterpart, Tennessee Rule of Evidence 610 states that Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the... [read post]
2 Jul 2021, 6:58 am
“The best evidence rule, however, does not apply to testimony that records have been examined and found not to contain any reference to a designated matter. [read post]
12 Dec 2011, 5:54 am
For example, the best evidence rule does not apply when the matter sought to be proven is not content, but notice, service or delivery of a document. [read post]
17 Aug 2012, 6:05 am
As to matters not covered by these Rules, the existing law remains in effect. [read post]
28 Jan 2022, 3:53 pm
The post Florida Court Discusses the Use of Expert Evidence in Criminal Matters appeared first on St. [read post]
1 Oct 2013, 3:30 pm
Federal Rule of Evidence 803(8) provides an exception to the rule against hearsay for A record or statement of a public office if: (A) it sets out: (i) the office’s activities; (ii) a matter observed while under a legal duty... [read post]
3 Jun 2013, 4:05 am
Federal Rule of Evidence 803(5) provides a hearsay exception for A record that: (A) is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately; (B) was made or adopted by... [read post]
31 Jan 2007, 11:29 am
On January 29, 2007, the Advisory Committee on Evidence Rules held its second and last hearing on proposed new Federal Rule of Evidence 502. [read post]
23 Feb 2012, 4:49 pm
Federal Rule of Evidence 404(a)(2)(B) provides that subject to the limitations in Rule 412, a defendant may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecutor may: (i) offer evidence to rebut it;... [read post]
28 Oct 2021, 1:05 pm
In some criminal matters, the State has little or no direct evidence. [read post]
31 Mar 2024, 6:52 pm
[An article I coauthored spurred an amendment to the Federal Rules of Evidence] Longtime readers will recall that every so often, I would go on a "rant" about how many federal judges were ignoring the text of Federal Rule of Evidence 702, as amended in 2000. [read post]
28 Jan 2012, 6:12 am
Similar to its federal counterpart, New Jersey Rule of Evidence 901 provides that The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its... [read post]
4 Nov 2013, 4:36 pm
Federal Rule of Evidence 1002, the Best Evidence Rule, provides that An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. [read post]
19 Jul 2013, 8:04 am
Similar to Federal Rule of Evidence 606(b), Section 90.607(2)(b) of the Florida Statutes states that Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres... [read post]
17 Oct 2015, 5:29 am
Lasker,“Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702,” 57 William & Mary L. [read post]
14 Sep 2021, 1:57 pm
The post What is Exculpatory Evidence and Why Does it Matter to Your Post-Conviction Appeal? [read post]
11 Dec 2020, 9:45 am
The Rules of Evidence affect the disposition of civil causes of action, such as tort claims for accidents and personal injury matters, as well as criminal charges in North Carolina. [read post]
28 May 2008, 6:42 am
Ancient Texts.Then turning to the documents recording such a statement, the Gospels, the law specifically excepts from the hearsay rule ancient texts, where they are 20 (California Rule) or 30 (Federal Rule) years old, and the statements therein have been generally acted upon as true by persons having an interest in the matter. [read post]
