Blog Archives

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

Analysis of a trial court’s evidentiary ruling begins with the question of relevancy

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

Administrative proceedings are not governed by evidentiary rules including those adopted by the Rules of Court

Posted in *All Posts, Evidence, Litigation

Satements of counsel made in a supporting brief do not constitute cognizable facts

Posted in *All Posts, Evidence, Litigation, Motions

Requests for admissions

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

An adverse inference charge may be warranted when a party’s failure to present evidence raises a natural inference that the party so failing fears exposure of those facts would be unfavorable to him

Posted in *All Posts, *Published case, Litigation, Missing-witness inference

Opinions or diagnoses within business records

Posted in *All Posts, *Published case, Child Abuse, Evidence, Expert Testimony, Hearsay, Litigation, Loss of Parental Rights

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