Topic
Evidence
915 published works
EvidenceProf Blog
Drowning Your Sorrows: Supreme Court Of Arizona Finds No Error In Expert Testimony Regarding Drowning Under Rule 704
By Colin Miller
Like Federal Rule of Evidence 704(a), Arizona Rule of Evidence 704 provides thatTestimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate…
EvidenceProf Blog
The Opinion Speaks For Itself: Western District Of Pennsylvania Finds That Res Ipsa Loquitur Is Not A Cause Of Action
By Colin Miller
Res ipsa loquitur (Latin for "the thing speaks for itself") is an evidentiary rule that a plaintiff can use when he has evidence that the defendant very likely injured him…
California Litigation Blog
California Supreme Court Throws Out the Waiver Rule!
By Jeff Huron
The California Supreme Court's recent decision in Reid v. Google, Inc. is welcomed news for judges and trial lawyers. Previously, if a trial court failed to rule on objections to…
EvidenceProf Blog
No Residual Value: Eighth Circuit Rejects Defendant’s Argument That His Exculpatory Statement Was Admissible Under Residual Exception
By Colin Miller
Federal Rule of Evidence 801(d)(2)(A) indicates thatA statement is not hearsay if...[t]he statement is offered against a party and is...the party's own statement, in either an individual or a Of course,…
Reverse & Render
Demonstration of Personal Knowledge in Affidavits
Beware of using "form" language in an affidavit to establish the affiant's personal knowledge of the facts. A statement such as "I have personal knowledge of the facts in this…
EvidenceProf Blog
Ten Years Have Got Behind You: Tennessee Case Is Rare Case In Which Defendant’s Remote Conviction Is Admissible Under Rule 609(b)
By Colin Miller
Like its federal counterpart, Tennessee Rule of Evidence 609(b) provides thatEvidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed between…
California Litigation Blog
Spoliation as Evidence of Guilt
By Jeff Huron
In determining what inferences to draw from the evidence against a party, the jury is permitted to consider a party's willful suppression of evidence. Evid. Code Section 413. In Thor…
La Revue
Nouvelle version des « IBA Rules of Evidence »
L’International Bar Association (IBA) a adopté le 29 mai dernier une version révisée de ses « Rules of evidence ». Ces règles de preuve sont couramment utilisées en arbitrage international…
EvidenceProf Blog
Book ‘Em Danno!: Court Of Appeals Of Indiana Notes That Police Records Created In Connection With Routine Booking Procedures Are Admissible Under Rule 803(8)
By Colin Miller
Federal Rule of Evidence 803(8) provides an exception to the rule against hearsay forRecords, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the…
EvidenceProf Blog
A Foolish Consistency?: Court Of Appeals Of Ohio Deems Improper Admission Of Victim’s Prior Consistent Statement Harmless Error
By Colin Miller
Like its federal counterpart, Ohio Rule of Evidence 801(D)(1)(b) provides thatA statement is not hearsay if...[t]he declarant testifies at trial or hearing and is subject to cross-examination concerning the statement, and…