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Archive for the ‘Evidence’ Category

*All Posts,Evidence,Litigation,Marital privilege,Privilege

Absent a valid excuse, a person who does not comply with a subpoena to testify may be held in contempt — the exercise of a valid testimonial privilege constitutes an adequate excuse

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January 30, 2012 at 3:58 pm

*All Posts,Invasion of privacy,Recordings,Stalking,Technology

The Government’s attachment of the GPS device to a vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment

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January 23, 2012 at 2:09 pm

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

Absent the identification of an act or omission that failed to conform to an articulated professional standard resulting in damages, a legal malpractice expert’s report lacks the why and wherefore amounting to a bare conclusion of professional negligence

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January 17, 2012 at 5:41 pm

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

Experts must be able to identify the factual bases for their conclusions, explain their methodology, and demonstrate that both the factual bases and the methodology are scientifically reliable

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January 17, 2012 at 5:40 pm

*All Posts,Discovery,Litigation,Spoliation of evidence

Producing copies in instances where the originals have been requested may constitute spoliation if it would prevent discovering critical information

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January 10, 2012 at 4:59 pm

*All Posts,Child,Child-custody,Discovery,Expert Testimony,Litigation,Parental Rights

A parent is entitled to a reasonable opportunity to conduct discovery of a court-appointed expert

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January 8, 2012 at 2:34 pm

*All Posts,Discovery,Litigation,Privilege against self-incrimination

If a litigant seeking affirmative relief claims a Fifth Amendment privilege to avoid discovery with respect to the subject matter of his case the court may dismiss his pleadings

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January 8, 2012 at 12:18 pm

*All Posts,Evidence,Expert Testimony,Litigation

A fact finder is never bound to accept the testimony of expert witnesses, even if it is unrebutted by any other evidence

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January 6, 2012 at 1:01 pm

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

The net opinion rule has been succinctly defined as a prohibition against speculative testimony

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January 5, 2012 at 11:13 am

*All Posts,Evidence,Expert Testimony,Legal Malpractice

The common knowledge doctrine allows plaintiffs in a malpractice action to present triable issues without resort to the testimony of an expert

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December 16, 2011 at 12:27 pm