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Evidence

915 published works

  1. 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…

  2. 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…

  3. 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…

  4. 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,…

  5. Reverse & Render

    Demonstration of Personal Knowledge in Affidavits

    By Mike Northrup

    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…

  6. 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…

  7. 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…

  8. La Revue

    Nouvelle version des « IBA Rules of Evidence »

    By Squire Patton Boggs

    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…

  9. 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…

  10. 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…