Blog Archives

The business records exception

Posted in *All Posts, Evidence, Hearsay, Litigation

Verbal acts are statements to which the law attaches duties and liabilities that are not offered to prove truthful content thereof

Posted in *All Posts, Evidence, Hearsay, Litigation

A summary cannot embellish with information not contained in the originals

Posted in *All Posts, Evidence, Litigation, Summary

Spoliation of evidence in a prospective civil action occurs when evidence pertinent to the action is destroyed, thereby interfering with the action’s proper administration and disposition

Posted in *All Posts, Evidence, Litigation, Spoliation of evidence

Excited utterances

Posted in *All Posts, Evidence, Hearsay, Litigation

Lay opinion versus expert opinion testimony

Posted in *All Posts, Evidence, Expert Testimony, Lay opinion testimony, Litigation

Prior statements by children relating to allegations of abuse or neglect constitute sufficient proof in these proceedings only if corroborated

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

What happens when a party seeks to introduce texts, e-mails, social media messages, or audio/visual evidence directly from his or her cell phone?

Posted in *All Posts, Domestic-violence, Evidence, Litigation, Recordings

Was a jury verdict was against the weight of the evidence?

Posted in *All Posts, Appeal, Evidence, Litigation, Motions, New trial

Discovery deposition of expert witnesses retained by the opponent

Posted in *Published case, Discovery, Expert Testimony, Litigation

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