Longtime readers will recall that every so often, I would go on a "rant" about how many federal judges were ignoring the text of Federal Rule of Evidence 702, as amended in 2000. Instead, they were ...

The US Court of Appeals for the First Circuit affirmed the exclusion of a drug patent in a medical malpractice case, finding that the highly technical language of the patent would more likely confuse ...

Effective December 1, 2023, the amendment to the United States Federal Rule of Evidence 702 clarifies and emphasizes existing requirements for the admissibility of expert witness testimony. Overall, ...

"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 ...

Evidence plays a pivotal role in shaping the outcome of cases. One evidentiary ruling could affect the outcome of the case. Most relevant evidence is typically deemed admissible after a proper ...

A federal judicial panel's proposal to regulate the introduction of artificial intelligence-generated evidence at trial ...

In the federal system and all states, "rape shield" rules require pre-trial hearings on whether evidence relating to a rape victim's prior sexual history is admissible at trial. For example, Utah's ...

Hearsay evidence refers to testimony offered in court based on what another person has said and offered to prove the truth of the matter asserted. Courts generally prohibit hearsay evidence due to ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

The managing judge of the High Court battle that opened up the Post Office Horizon scandal has warned that while current rules on digital evidence need to change, they should not simply revert to ...