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Archive for the ‘Evidence’ Category

*All Posts,Evidence,Litigation

A court may draw a negative inference when a party does not call an available witness that the party reasonably might have been expected to call

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May 2, 2013 at 9:24 am

*All Posts,Evidence,Expert Testimony,Litigation

The missing-witness inference

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April 6, 2013 at 1:32 pm

*All Posts,Evidence,Litigation

An attorney may not take advantage of a favorable evidentiary ruling and make statements that are contrary to facts which the other party was precluded from adducing

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April 6, 2013 at 1:27 pm

*All Posts,Evidence,Expert Testimony,Litigation

A trial judge must avoid infringing on the parties’ right to present their proofs through their chosen witnesses, which is an essential element in the conduct of a trial

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April 6, 2013 at 1:22 pm

*All Posts,Evidence,Litigation,Spoliation of evidence

Altering or deleting a Facebook account during litigation may be considered spoliation of evidence

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March 29, 2013 at 6:39 pm

*All Posts,Evidence,Litigation,Other crimes

A witness’ conviction of a crime shall be admitted into evidence unless excluded by the judge as remote or for other causes

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March 19, 2013 at 6:11 pm

*All Posts,Litigation,Privilege

The rule of immunity for the filing of ethics grievances against attorneys

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March 16, 2013 at 3:57 pm

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

An expert’s opinion based solely upon the personal opinion of the expert is unreliable

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March 16, 2013 at 3:52 pm

*All Posts,Evidence,Litigation,Motions

Consideration of motions in limine on the day of trial

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March 16, 2013 at 3:49 pm

*All Posts,Evidence,Expert Testimony,Litigation

A court is free to accept an expert’s opinion in part or in its entirety or to reject all or part of it

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March 16, 2013 at 3:43 pm