Topic
Evidence
915 published works
EvidenceProf Blog
Is It Your Recollection?: California Appellate Court Deems Improper Admission Of Recorded Recollection Harmless Error
By Colin Miller
Like Federal Rule of Evidence 803(5), California Evidence Code Section 1237 provides an exception to the rule against hearsay for(a) Evidence of a statement previously made by a witness is not made…
Family Law Prof Blog
Recordings Evidence in IL Fitness Hearing
By Family Law
An Illinois appellate court recently reversed and remanded a case on the basis that thetrial court erred in admitting recordings of vulgar telephone conversationsbetween parents in a hearing determining a…
Delaware Corporate & Commercial Litigation Blog
Chancery Allows Record Opened After Trial
Lola Cars International v. Krohn Racing, LLC, C.A. Nos. 44-79-VCN and 4886-VCN (Del. Ch. Apr. 23, 2010), read letter decision here. A summary of the prior post-trial opinion in this case was…
EvidenceProf Blog
Ask The Doctor: Does Rule 803(4) Require Inquiries Into the Declarant’s Motive?
By Colin Miller
Like its federal counterpart, Iowa Rule of Evidence 5.803(4) provides an exception to the rule against hearsay forStatements made for purposes of medical diagnosis or treatment and describing medical history, or past or…
Sentencing Law and Policy
“Documentation, Documentary, and the Law: What Should be Made of Victim Impact Videos?”
Main April 24, 2010"Documentation, Documentary, and the Law: What Should be Made of Victim Impact Videos?" The title of this post is the title of this interesting new piece on…
EvidenceProf Blog
A Foolish Consistency, Take 2: New Jersey Court Finds No Error With Admission Of Prior Consistent Statement Before Charge Of Recent Fabrication
By Colin Miller
Like Federal Rule of Evidence 801(d)(1)(B), New Jersey Rule of Evidence 803(a)(2) allows for the admission of: A statement previously made by a person who is a witness at a…
EvidenceProf Blog
Did You Notice That?: Second Circuit Discusses Interplay Between Rules 201 And 605
By Colin Miller
Under Federal Rule of Evidence 201(c), "A court may take judicial notice, whether requested or not." Meanwhile, pursuant to Federal Rule of Evidence 605, The judge presiding at the trial may not…
EvidenceProf Blog
Objectionable Objection?: Court Of Appeals Of North Carolina Affirms Impeachment Ruling Based Upon Lack Of Specific Objection
By Colin Miller
Like its federal counterpart, North Carolina Rule of Evidence 609(b) provides thatEvidence of a conviction under this rule is not admissible if a period of more than 10 years has elapsed since…
EvidenceProf Blog
Can You Corroborate That?: Ninth Circuit Denies Habeas Petition Because Of Uncorroborated Statement Against Interest
By Colin Miller
Like its federal counterpart, Idaho Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay forA statement which was at the time of its making so far contrary to the…
Civil Procedure & Federal Courts Blog
Spottswood on Hearings
By Civil Procedure & Federal Courts Blog
Mark Spottswood (Northwestern) has posted on SSRN his article Hearings. Here's the abstract: This article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing, and…