Blog Archives

Issues of expert admissibility

Posted in *All Posts, Evidence, Expert Testimony, Litigation

Generally, all relevant evidence is admissible unless prohibited by some exclusionary rule

Posted in *All Posts, Evidence, Litigation

The fresh-complaint doctrine

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

A party may not attack one witness’s credibility through another witness’s assessment of that credibility

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

At trial, a party may introduce evidence that an adverse witness is biased

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

The rules of evidence may be relaxed to admit relevant and trustworthy evidence in the interest of justice in actions within the cognizance of the Small Claims Section of the Special Civil Part

Posted in *All Posts, Evidence, Hearsay, Litigation

An expert report may be admitted into evidence

Posted in *All Posts, Evidence, Expert Testimony, Litigation

The affidavit of merit

Posted in *All Posts, Expert Testimony, Legal Malpractice

The res ipsa loquitur doctrine creates a permissive inference, which may be accepted or rejected by a jury, that if due care had been exercised by the person having control of the instrumentality causing the injury, the mishap would not have occurred

Posted in *All Posts, Evidence, Litigation, Res Ipsa Loquitur

Documents prepared by Division staff are admissible, provided they satisfy the requirements of the business records exception [to the hearsay rule

Posted in *All Posts, Child Abuse, Evidence, Hearsay, Litigation

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