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Archive for the ‘Evidence’ Category

*All Posts,Evidence,Judicial Discretion,Litigation

A court may not, in the interests of expedition or because it believes sufficient facts have been elicited, deny a party the opportunity to cross-examine a witness

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March 21, 2012 at 10:51 am

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*All Posts,Evidence,Judicial Discretion,Litigation

Even in a bench trial, a trial judge must take special care to craft questions in such a manner to avoid being perceived as an advocate

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March 21, 2012 at 10:49 am

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*All Posts,Child,Child-custody,Child-visitation,Discovery,Expert Testimony,Litigation,Recordings

A party has the right to record his or her own interviews with a psychologist or psychiatrist, but does not have the right to compel the other party’s expert to record interviews of the other party or the parties’ children

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March 19, 2012 at 10:14 am

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*All Posts,Criminal,Evidence,Litigation,Privilege,Privilege against self-incrimination

A witness may not claim the Fifth Amendment privilege until the question is put

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March 18, 2012 at 1:23 pm

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*All Posts,Counsel Fees,Expert Testimony,Litigation

In an attorney’s fees case, the proponent of an expert witness should first establish that the expert had specialized knowledge of the RPCs or particular expertise on the reasonableness of fee agreements

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March 18, 2012 at 1:19 pm

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*All Posts,Evidence,Litigation,Spoliation of evidence

Spoliation is the concealment or destruction of evidence relevant to litigation

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March 17, 2012 at 4:44 pm

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*All Posts,Evidence,Litigation

Competent evidence is evidence that is trustworthy, reliable, and probative of the fact or facts at issue and admissible in court

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March 17, 2012 at 11:30 am

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*All Posts,Expert Testimony,Litigation

Experts should be subjected to searching cross-examination

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March 12, 2012 at 12:53 pm

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*All Posts,Discovery,Evidence,Expert Testimony

Expert testimony and opinions provided during pretrial discovery

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March 12, 2012 at 12:51 pm

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

An expert’s opinion in response to a question regarding the most probable cause of an event framed as his best guess is inadmissible because it is founded on a mere possibility

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March 6, 2012 at 6:26 pm

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