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Recent Posts in Evidence Category

Final Blog on Privileges

We know that logically and legally relevant should be admitted so as to assist the trier of fact in reaching a proper ruling or verdict. That being said we also know that there are times when even ...
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More on Privileges and their Exceptions

Remember that logically and legally relevant evidence is generally admissible at trial. Moreover, generally this evidence must be turned over if sought by opposing counsel. In other words, one party ...
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Privilege Concepts

As we prepare for trial we need to have a good idea of what material we are required to turn over to the other side and what material we can refuse to turn over on the basis of an evidentiary ...
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Legal Relevance Limitations, Beyond Credibility Considerations

We have discussed on prior occasion how the law sometimes applies limitations to what would otherwise be perfectly relevant credibility evidence. Those same evidentiary limitations may by the same ...
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Impeachment and its Limitations

Whenever a witness takes the witness stand in trial that witness's credibility becomes an issue in the case. For this reason you as counsel have the ability to impeach a witness in an effort to ...
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Legal Relevance

For evidence to be relevant it must have some tendency to make the existence of a fact in issue more or less likely to be true. That being said, there are times when evidence which may be relevant per ...
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Authentication of Digital Animation and Simulations

As trial approaches we, as trial counsel, should reach out to opposing counsel in an effort to formulate any stipulations possible with respect to the admission of evidence. When we can get opposing ...
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Foundation for Original and Demonstrative Evidence

Generally speaking, when we seek to introduce real or original evidence in trial we need to authenticate this evince before it will be accepted into evidence by our trial judge. This requires you, as ...
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Authentication of Oral Statements

The following blog/article was written for my, Eric Roy, and my staff's benefit. The content here is based on the Federal Rules of Evidence. Although there is typically a significant overlap ...
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Authentication of Written Documents

In this digital era it is increasingly common that we need to introduce correspondence preserved for trial which was initially transmitted by electronic means. People prefer to communicate via email ...
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Nevada Rule of Civil Procedure 26

This blog was written for my own personal benefit. Here I look at Rule 26 of the Nevada Rules of Civil Procedure which governs general rules governing discovery. The rule provides for obtaining ...
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Breaking down Nevada Rule of civil Procedure 26

Breaking down Nevada Rule of Civil Procedure 26. The purpose of this short blog is to break down NRCP so that we get an understanding as to how this discovery rule functions. The purpose of this rule ...
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A Short Introduction to Hearsay

The word hearsay is pervasive on television and in print. You've probably heard it spoken on your favorite crime drama ad nauseum, and if you're a fan of Judge Judy and shows of that ilk, ...
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