Category: Evidence

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

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

Protocols and parameters regarding communications and submission of documents by the parties and/or counsel to a guardian ad litem or court-appointed expert

Posted in *All Posts, Child-custody, Child-support, Child-visitation, Divorce, Expert Testimony, Guardian, Litigation

Unavailability of a witness

Posted in *All Posts, Discovery, Evidence, Litigation

State-of-mind hearsay statements by a deceased about fear of a defendant, who later advances in his or her defense in a homicide prosecution a claim that the victim’s death was accidental, are admissible for the purpose of proving the declarant’s state of mind

Posted in *Published case, Criminal, Hearsay

Substantial compliance with the affidavit of merit statute

Posted in *All Posts, Affidavit Of Merit, Expert Testimony, Legal Malpractice, Litigation

A hearsay statement made by a party-opponent will not be excluded by the hearsay rule if it constitutes a statement by the party’s agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship

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