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Even When Witnesses Don't Tell You They're Panicking, They're Panicking
Allison Rocker of Baker McKenzie says that's especially true in "document-heavy" cases with tons of exhibits.
Proposed Amendments to Federal Rules of Evidence Leave Much Uncertain
"This is to demonstrate that the appropriate use of illustrative aids, demonstrative evidence, and summaries of voluminous materials remains unclear," write Michael A. Kaplan and Christopher Dernbach of Lowenstein Sandler.
Has the Criminal Court [Defense] Expert Door Opened a Little?
An expert with knowledge that jurors don't have should be permitted to testify when that knowledge will inform the decisionmaker and meets the basic relevance threshold.
Court of Appeals Divided in Spoliation Sanction Remand Case
Before they filed suit, the plaintiffs asked Golden Pantry to preserve years of security footage for evidence. However, after consulting with its lawyers and insurance carrier, the company still chose to delete the video.
Let's Go to the Video Tape: Crime Surveillance Videos and Jury Deliberations
"With our increased video technology, this decision represents a needed and welcomed addition to our evidentiary procedures," writes former Superior Court Judge Louis Locascio.
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Pa. Judge's 'Extensive' Opinion Gives Guidance on Allowing Video Testimony in Opening Statements
"Today in the modern era of videotape and technology and the way discovery is conducted and trials are conducted, it makes sense," Joseph Messa Jr. said.
What Is Exhibit J? Litigators Are Watching This AI Test Case
Exhibit J is the crux of the New York Times' copyright-infringement lawsuit that accuses Microsoft and OpenAI of using copyright-protected content to train their AI model GPT-4.Justice Alito, Religion and Fair Trials
Elevating religion over the right to a fair trial has no place in our constitutional scheme, even as the "wall" between church and state erodes. Putting religion first is not about fair trials but instead about protecting the right to despise "the other," regardless of cost.
Our Understanding of Memory Has Changed, the Rules of Evidence Have Not
It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
'Rule 403 Has Some Real Substance': Judge's Admission of Rap Video Leads to Reversal
"Evidence is being abused when the judges don't put their foot down and say, 'this is too prejudicial,'" said Donald F. Samuel of Garland, Samuel & Loeb in Atlanta. "That's what Rule 403 is designed to do."TRENDING STORIES
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