Category: Evidence

The sufficiency of evidence offered in support of the authentication of evidence

Posted in *All Posts, Authentication, Evidence, Litigation

The `opening the door’ doctrine

Posted in *All Posts, Evidence, Litigation

A defendant should not be precluded from offering such rebuttal proofs as he might choose that are responsive and admissible

Posted in *All Posts, Evidence, Litigation

Counsel’s presentation of facts which are neither of record, judicially noticeable, nor stipulated, by way of statements in a supporting brief and oral argument do not constitute cognizable facts

Posted in *All Posts, Authentication, Evidence, Litigation

An expert must give the why and wherefore supporting his or her opinions

Posted in *All Posts, Evidence, Expert Testimony, Litigation, Net Opinion Rule

A trial court may not rely on expert testimony that lacks an appropriate factual foundation and fails to establish the existence of any standard about which the expert testified

Posted in *All Posts, Evidence, Expert Testimony, Litigation, Net Opinion Rule

Res ipsa loquitur, a Latin phrase meaning “the thing speaks for itself,” permits an inference of negligence, establishing, in turn, a prima facie case of negligence

Posted in *All Posts, Negligence, Res Ipsa Loquitur

Videos and video messages held by Twitter

Posted in *All Posts, *Published case, Criminal, Recordings, Technology

Maps are admissible if properly authenticated and as public records

Posted in *All Posts, *Published case, Authentication, Evidence, Hearsay, Litigation

When parties jointly file a stipulation of dismissal, the dismissal is generally without prejudice unless otherwise stated in the notice or stipulation

Posted in *All Posts, Dismissal For Failure To Prosecute, Divorce, Equitable-distribution, Stipulations