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Archive for the ‘Evidence’ Category

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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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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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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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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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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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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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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Experts should be subjected to searching cross-examination

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March 12, 2012 at 12:53 pm

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Expert testimony and opinions provided during pretrial discovery

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March 12, 2012 at 12:51 pm

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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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