DOCSLIB.ORG

Summary Judgment Evidence

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Summary Judgment Evidence TRIAL TECHNIQUES AND TACTICS JUNE 2019 IN THIS ISSUE Winning or losing summary judgment mayOctober turn on the 2014 admissibility of the evidence on which the parties rely. This article is a reminder that evidence supporting, or opposing, a summary judgment motion must be, or must forecast, evidence that will actually be admissible at trial. Don’t foul up a righteous summary judgment motion by supporting it with evidence that is in the wrong form! Summary Judgment Evidence ABOUT THE AUTHOR Jim King is a partner with the law firm of Porter, Wright, Morris & Arthur LLP in Columbus, Ohio. Jim’s practice centers on commercial and business litigation in courts throughout Ohio and the Midwest. He can be reached at [email protected]. ABOUT THE COMMITTEE The Trial Techniques and Tactics Committee promotes the development of trial skills and assists in the application of those skills to substantive areas of trial practice. Learn more about the Committee at www.iadclaw.org. To contribute a newsletter article, contact: Bryant J. Spann Vice Chair of Newsletter Thomas Combs & Spann, PLLC [email protected] The International Association of Defense Counsel serves a distinguished, invitation-only membership of corporate and insurance defense lawyers. The IADC dedicates itself to enhancing the development of skills, professionalism and camaraderie in the practice of law in order to serve and benefit the civil justice system, the legal profession, society and our members. w: www.iadclaw.org p: 312.368.1494 f: 312.368.1854 e: [email protected] - 2 - TRIAL TECHNIQUES AND TACTICS COMMITTEE NEWSLETTER June 2019 Civil trial lawyers are all familiar with that there is no genuine dispute of material summary judgment. If a case is not fact and the movant is entitled to judgment otherwise dismissed or settled, then it will as a matter of law. The court may consider be resolved either in trial or, most only the materials cited by the parties to commonly, by summary judgment. But just support or oppose the motion, although it because most civil actions are not tried does has the discretion to consider other not mean that trial lawyers can ignore the materials in the record. See Fed. R. Civ. P. Rules of Evidence. Rule 56 of the Federal 56(c)(3). But whatever materials the parties Rules of Civil Procedure states that a motion cite, that material must constitute for summary judgment must be supported admissible evidence. “An affidavit or or opposed by “citing to particular parts of declaration used to support or oppose a materials in the record,” to include motion must . set out facts that would be “depositions, documents, electronically admissible in evidence.” Fed. R. Civ. P. stored information, affidavits or 56(c)(4). A party may object that material declarations, stipulations * * *, admissions, cited in support of or in opposition to the interrogatory answers, or other materials.” motion “cannot be presented in a form that Fed. R. Civ. P. 56(c)(1)(A). Whatever would be admissible in evidence.” Fed. R. “particular parts” of the record are cited, the Civ.P. 56(c)(2). content or substance of the evidence must either be admissible or capable of being While Rule 56 only refers to admissible presented in a form that would be evidence in the context of affidavits or admissible in evidence in order to be declarations, any materials offered in considered by the court. In short, the Rules support of or in opposition to a summary of Evidence need to be understood not just judgment motion that would be inadmissible by trial lawyers, but by the litigators and at trial, assuming the presence of all brief writers who, these days, are not in trial testifying witnesses in the courtroom, may as much as they would like. be disregarded. This is implicit from the summary judgment standard that a court This article provides a brief overview of the must determine whether there are any admissibility requirements of Rule 56 of the genuine disputes of material fact. 13 James Federal Rules of Civil Procedure, what Wm. Moore et al., Moore’s Federal Practice evidence can and cannot be considered, and ¶ 56.91[1] (3d ed. 2013). A genuine dispute the obligations that the rule imposes in is one that will go to the trier of fact, often supporting and opposing a summary the jury. Without admissible evidence judgment motion. regarding that material fact, no dispute of fact will exist. Basic Requirements of Rule 56 As noted, Rule 56(c)(2) also makes clear that Rule 56 allows a party to a civil lawsuit to a party may object to material cited to move for summary judgment on a claim, support or dispute a fact on the grounds of counterclaim, or cross-claim on the ground admissibility. And Rule 56(d)(1) provides w: www.iadclaw.org p: 312.368.1494 f: 312.368.1854 e: [email protected] - 3 - TRIAL TECHNIQUES AND TACTICS COMMITTEE NEWSLETTER June 2019 that a motion that is not properly supported, evidence – that is, the affidavit or even if no response is filed, may still be declaration – will not preclude the court denied. Summary judgment by default is from considering it. As the Ninth Circuit generally not available. But, if a party fails to explained, “[a]t the summary judgment object to the admissibility of evidence used stage, we do not focus on the admissibility of to support or oppose a motion for summary the evidence’s form. We instead focus on judgment, the court may consider the fact as the admissibility of its contents.” Fraser v. undisputed in deciding the motion. Fed. R. Goodale, 342 F.3d 1032, 1036 (9th Cir. 2003). Civ. P. 56(e)(2). Depending on the jurisdiction and the local rules, a party can Testimony raise the objection in the motion papers, by filing a separate motion or paper with the Deposition testimony is commonly used as court, or by waiting to object at a hearing on summary judgment evidence. Rule the motion. The court is permitted, 56(c)(1)(A) makes clear that both oral however, to give a party an additional depositions and depositions on written opportunity to support an assertion of fact questions can be used, as well as deposition or an objection to an assertion of fact. Fed. testimony from another case. Rule 32(a)(8), R. Civ. P. 56(e)(1). for example, provides that a deposition taken and, if required, filed, “in any federal- Although the law is clear that only admissible or state-court action may be used in a later evidence may be considered on summary action involving the same subject matter judgment, that does not mean that the between the same parties, or their material must be presented in a form that representatives or successors in interest, to would be admissible at trial. Affidavits and the same extent as if taken in the later declarations are the classic examples. action.” If deposition testimony is presented Affidavits and declarations are hearsay since in support or in opposition to a motion for they are out-of-court statements. And it is summary judgment, only testimony that generally understood that hearsay cannot be would be admissible at trial may be considered on summary judgment. “When introduced. Sworn testimony outside of a an affidavit contains an out-of-court deposition, such as at a hearing, can be used statement offered to prove the truth of the so long as it is otherwise admissible. Arceo statement that is inadmissible hearsay, the v. City of Junction City, 182 F. Supp.2d 1062, statement may not be used to support or 1080-81 (D. Kan. 2002) (prior grand jury defeat a motion for summary judgment.” testimony may be considered). Courts have Jenkins v. Winter, 540 F.3d 742, 748 (8th Cir. held that it is not necessary to submit the 2008). However, if the proponent of the entire transcripts; excerpts are permitted. evidence can demonstrate that it will be See Alexander v. Caresource, 576 F.3d 551, possible to introduce the content or 560 (6th Cir. 2009). substance of the material at trial – for instance, the affiant will testify as a live witness – the court may take into account the material in deciding the summary judgment motion. The “form” of the w: www.iadclaw.org p: 312.368.1494 f: 312.368.1854 e: [email protected] - 4 - TRIAL TECHNIQUES AND TACTICS COMMITTEE NEWSLETTER June 2019 Affidavits, Declarations, and Exhibits ensure that the witness has the requisite personal knowledge and is someone through Rule 56(c)(4) provides that a formal affidavit whom the exhibit could be admitted into or a written unsworn declaration that evidence. The witness also must be able to complies with 28 U.S.C. § 1746 can be used lay the proper foundation for admissibility. to support or oppose a motion for summary A copy of an e-mail of which the witness was judgment. Whether an affidavit or a not the author or recipient, for instance, may declaration is used, it must be sworn or not be admissible because the person was subscribed to under penalty of perjury, be not part of the communication and, thus, based on personal knowledge, present facts lacks personal knowledge, or because the e- that are admissible in evidence, and mail is just reciting hearsay. But what if the demonstrate that the affiant or declarant is e-mail might be admissible if submitted in competent to testify about the matters another manner at trial? Again, as noted stated. Conclusory or self-serving affidavits above, courts have held that a hearsay that fail to set out each of these elements statement can be considered if there is a may be ignored.
Load more

Recommended publications
  • Michigan Rules of Evidence Table of Contents
    Michigan Rules of Evidence Table of Contents RULES 101–106 .......................................................................................................... 4 Rule 101. Scope. ....................................................................................................... 4 Rule 102. Purpose. ................................................................................................... 4 Rule 103. Rulings on Evidence. ............................................................................... 4 Rule 104. Preliminary Questions. ........................................................................... 5 Rule 105. Limited Admissibility. ............................................................................. 5 Rule 106. Remainder of or Related Writings or Recorded Statements. ................. 5 RULES 201–202 .......................................................................................................... 5 Rule 201. Judicial Notice of Adjudicative Facts. .................................................... 5 Rule 202. Judicial Notice of Law. ............................................................................ 6 RULES 301–302 .......................................................................................................... 6 Rule 301. Presumptions in Civil Actions and Proceedings. ................................... 6 Rule 302. Presumptions in Criminal Cases. ........................................................... 6 RULES 401–411 .........................................................................................................
    [Show full text]
  • Rule 32. Using Depositions in Court Proceedings (A) USING DEPOSITIONS
    Rule 32. Using Depositions in Court Proceedings (a) USING DEPOSITIONS. (1) In General. At a hearing or trial, all or part of a deposition may be used against a party on these conditions: (A) the party was present or represented at the taking of the deposition or had reasonable notice of it; (B) it is used to the extent it would be admissible under the law of evidence if the deponent were present and testifying; and (C) the use is allowed by Rule 32(a)(2) through (9). (2) Impeachment and Other Uses. Any party may use a deposition to contradict or impeach the testimony given by the deponent as a witness, or for any other purpose allowed by the law of evidence. (3) Deposition of Party, Agent, or Designee. An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party’s officer, director, managing agent, or designee under Rule 30(b)(6) or 31(a)(4). (4) Unavailable Witness. A party may use for any purpose the deposition of a witness, whether or not a party, if the court finds: (A) that the witness is dead; (B) that the witness is more than 25 miles from the place of hearing or trial or is outside the United States, unless it appears that the witness’s absence was procured by the party offering the deposition; (C) that the witness cannot attend or testify because of age, illness, infirmity, or imprisonment; (D) that the party offering the deposition could not procure the witness’s attendance by subpoena; or (E) on motion and notice, that exceptional circumstances make it desirable—in the interest of justice and with due regard to the importance of live testimony in open court—to permit the deposition to be used.
    [Show full text]
  • Examples of Meritorious Summary Judgment Motions
    Examples of meritorious summary judgment motions By: Douglas H. Wilkins and Daniel I. Small February 13, 2020 Our last two columns addressed the real problem of overuse of summary judgment. Underuse is vanishingly rare. Even rarer (perhaps non-existent) is the case in which underuse ends up making a difference in the long run. But there are lessons to be learned by identifying cases in which you really should move for summary judgment. It is important to provide a reference point for evaluating the wisdom of filing a summary judgment motion. Here are some non-exclusive examples of good summary judgment candidates. Unambiguous written document: Perhaps the most common subject matter for a successful summary judgment motion is the contracts case or collections matter in which the whole dispute turns upon the unambiguous terms of a written note, contract, lease, insurance policy, trust or other document. See, e.g. United States Trust Co. of New York v. Herriott, 10 Mass. App. Ct. 131 (1980). The courts have said, quite generally, that “interpretation of the meaning of a term in a contract” is a question of law for the court. EventMonitor, Inc. v. Leness, 473 Mass. 540, 549 (2016). That doesn’t mean all questions of contract interpretation — just the unambiguous language. When the language of a contract is ambiguous, it is for the fact-finder to ascertain and give effect to the intention of the parties. See Acushnet Company v. Beam, Inc., 92 Mass. App. Ct. 687, 697 (2018). Ambiguous contracts are therefore not fodder for summary judgment. Ironically, there may be some confusion about what “unambiguous” means.
    [Show full text]
  • Trial Process in Virginia
    te Trial Process In Virginia A Litigation Boutique THE TRIAL PROCESS IN VIRGINIA table of contents Overview . .3 Significant .MOtiOnS .in .virginia . .4 . Plea .in .Bar . .4 . DeMurrer. .5 . craving .Oyer . .5 Voir .Dire . anD .Jury .SelectiOn .in .virginia . .6 OPening .StateMent . .8 the .receiPt .Of .e viDence . .10 MOtiOnS .tO .Strike . the .eviDence . .12 crOSS-exaMinatiOn . .14 clOSing .arguMent. .15 Jury .inStructiOnS . .17 Making .a .recOrD .fOr .aPP eal . .17 tiMe .liMitS .fOr .nO ting .anD .Perfecting . an .aPPeal . .18 key .tiMe .liMit S .fOr . the .SuPreMe .cOurt .Of .virginia . .19 THE TRIAL PROCESS IN VIRGINIA overview The trial of a civil case in Virginia takes most of its central features from the English court system that was introduced into the “Virginia Colony” in the early 1600s. The core principles of confrontation, the right to a trial by one’s peers, hearsay principles and many other doctrines had already been originated, extensively debated and refined in English courts and Inns of Court long before the first gavel fell in a Virginia case. It is clearly a privilege to practice law in the historically important court system of the Commonwealth of Virginia, and everyone who “passes the bar” and earns the right to sit inside the well of the court literally follows in the footsteps of such groundbreaking pioneers as Thomas Jefferson, George Mason, George Wythe, John Marshall, Lewis Powell and Oliver Hill. However, this booklet is not designed to address either the history or the policy of the law, or to discuss the contributions of these and other legal giants whose legacy is the living system that we enjoy today as professional attorneys.
    [Show full text]
  • The Analysis and Decision of Summary Judgment Motions· a Monograph on Rule 56 of the Federal Rules of Civil Procedure
    If you have issues viewing or accessing this file contact us at NCJRS.gov. The Analysis and Decision of Summary Judgment Motions· A Monograph on Rule 56 of the Federal Rules of Civil Procedure \f1 (»" It Judicial Center ~ ~ The Federal Judicial Center Board The Chief Justice of the United States, Chairman Judge Edward R. Becker U.S. Court of Appeals for the Third Circuit Judge J. Harvie Wilkinson III U.S. Court of Appeals for the Fourth Circuit Judge Martin L. C. Feldman U.S. District Court for the Eastern District of Louisiana Judge Diana E. Murphy U.S. District Court for the District of Minnesota Judge David D. Dowd, Jr. U.S. District Court for the Northern District of Ohio Judge Sidney B. Brooks U.S. Bankruptcy Court for the District of Colorado Honorable 1. Ralph Mecham Director of the Administrative Office of the U.S. Courts Director Judge William W Schwarzer Deputy Director Russell R. Wheeler Division Directors Steven A. Wolvek, Court Education Division Denis J. Hauptly, Judicial Education Division Sylvan A. Sobel, Publications & Media Division William B. Eldridge, Research Division Federal Judicial Center, 1520 H Street, N.W., Washington, DC 20005 1 ~•. ~ .. ~:' i ' NCJRS· MAR 4 199? ACQUISITIONS The Analysis and Decision of Summary Judgment Motions A Monograph on Rule 56 of the Federal Rules of Civil Procedure William W Schwarzer Alan Hirsch David J. Barrans Federal Judicial Center 1991 This publication was produced in furtherance of the Center's statutory mis­ sion to conduct and stimulate research and development on matters of judi­ cial administration. The statements, conclusions, and points of view are those of the authors.
    [Show full text]
  • Admissible Evidence for Summary Judgment
    Admissible Evidence For Summary Judgment Ribbony Wolfie sometimes deal his hydrometry predictably and implode so humblingly! Edgier and planktonic Thorndike chirruping almost jocularly, though mishandlesMattias centralised unwontedly. his misunderstanding syncs. Devin is splendorous and premix communicatively as heteropolar Rodolph attaints impartibly and In the Penn case, summary judgment was appropriate. Although judicial admissions are usually conclusive, because it could not resolve the issue without further development of the record. The letter was deprived of evidence for consistency and for abuse. A forward for summary judgment may entertain be filed A rug any coincidence is. It should be authenticated, evidence for a signal of a potent litigation involved in which are not. Civil service Rule 56 Summary judgment Massgov. The admission is for admissions which facts can make summary judgment for which ultimately affirmed a civ pro quiz ebook! Analysis of many evidence review summary judgment mo- tions3 and to streamline the. The admissibility of hearsay evidence provided a motion of summary judgment. In evidence for admissions. An oral statement by counsel in the singular action neither a binding judicial admission if the statement was an unambiguous concession of a ground then at bustle and sister not made improvidently or unguardedly. Thus, consideration, no copy of authority transcript was attached. In law of summary judgment is a judgment entered by important court for bounce party and protect another. One party is admissible form for admissions are not admissibility into or motive. Between a Celotex-type and a traditional motion this summary judgment as that distinction. For example, the moving party may obtain summary judgment by showing that the opposing party has no evidence or that its evidence is insufficient to meet its burden at trial.
    [Show full text]
  • What Is a Summary Judgment Motion? Notice for Parties Who Do Not Have a Lawyer
    What is a Summary Judgment Motion? Notice for Parties Who Do Not Have a Lawyer A summary judgment motion was filed in your case. A summary judgment motion asks the court to decide this case without having a trial. Here are some important things to know. What is summary judgment? Summary judgment is a way for one party to win their case without a trial. The party can ask for summary judgment for part of the case or for the whole case. What happens if I ignore the motion? If you do not respond to the summary judgment motion, you can lose your case without the judge hearing from you. If you are the plaintiff or petitioner in the case, that means that your case can be dismissed. If you are the defendant or respondent, that means the plaintiff or petitioner can get everything they asked for in the complaint. How do I respond to a summary judgment motion? You can file a brief and tell the judge about the law and the facts that support your side of the case. A brief is not evidence and the facts that you write about in your brief need to be supported by evidence. You can file sworn affidavits, declarations, and other paperwork to support your case. An affidavit or declaration is a sworn statement of fact that is based on personal knowledge and is admissible as evidence. If you are a plaintiff or petitioner, you cannot win a summary judgment motion just by saying what is in your complaint. Instead, you need to give evidence such as affidavits or declarations.
    [Show full text]
  • Civil Dispositive Motions: a Basic Breakdown
    Civil Dispositive Motions: A Basic Breakdown 1) Simplified Timeline: Motion for 12(b)(6) Motions JNOV** Summary Judgment Motions* Motion for New Trial Motion Motion for D.V. for D.V. (Rul 10 days Discovery and Mediation Plaintiff‟s Defendant‟s Evidence Evidence Process Complaint Trial Jury‟s Entry of Judgment Filed Begins Verdict * Defendant may move at any time. Plaintiff must wait until 30 days after commencement of action. **Movant must have moved for d.v. after close of evidence. 2) Pre-Trial Motions: Rule 12(b)(6) and Summary Judgment A. Rule 12(b)(6) Motions to Dismiss 1. Challenge the sufficiency of the complaint on its face. Movant asks the court to dismiss the complaint for “failure to state a claim upon which relief may be granted.” 2. Standard: The court may grant the motion if the allegations in the complaint are insufficient or defective as a matter of law in properly stating a claim for relief. For example: a) The complaint is for fraud, which requires specific pleading, but a required element of fraud is not alleged. 1 b) The complaint alleges breach of contract, but incorporates by reference (and attaches) a contract that is unenforceable as a matter of law. c) The complaint alleges a claim against a public official in a context in which that official has immunity as a matter of law. 3. The court only looks at the complaint (and documents incorporated by reference). a) If the court looks outside the complaint, the motion is effectively converted to a summary judgment and should be treated under the provisions of Rule 56.
    [Show full text]
  • In the United States District Court
    Case 2:16-cv-00438-KG-GJF Document 17 Filed 01/10/17 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Plaintiff, vs. Civ. No. 16-438 KG/GJF ALMA HELENA CORTES and A.C., a Minor Child, Defendants. MEMORANDUM OPINION AND ORDER This matter comes before the Court upon Plaintiff The Guardian Life Insurance Company of America’s Combined Motion to Appoint Guardian Ad Litem, for Leave to Deposit Interpleader Funds, and for Dismissal with Prejudice (Motion), filed on October 3, 2016. (Doc. 8). Plaintiff also sought in the Motion an award of $2,000.00 for attorneys’ fees and costs incurred in bringing this interpleader lawsuit, and requested that the award be deducted from the $38,000.00 basic life insurance Benefit at issue in this case. The Court subsequently held a telephonic status hearing on November 10, 2016, at which the Court extended the time for pro se Defendant Alma Helena Cortes (Cortes) to respond to the Motion to November 28, 2016. (Doc. 14) at 2. The Court also required Plaintiff to file a supplemental brief to address the issue of attorney’s fees and costs, including an appropriate affidavit and breakdown of the requested attorney’s fees and costs. Id. at 1. On November 15, 2016, the Court granted the Motion, in part, when it appointed a guardian ad litem for Defendant A. C., Cortes’ child. (Doc. 15). Then, on December 2, 2016, Plaintiff filed Defendant [sic] the Guardian Life Insurance Company of America’s Supplemental Case 2:16-cv-00438-KG-GJF Document 17 Filed 01/10/17 Page 2 of 8 Briefing in Support of its Request to Recover Reasonable Attorneys’ Fees and Costs (Supplemental Brief) in which Plaintiff now seeks $7,064.25 in attorneys’ fees and costs.
    [Show full text]
  • Initial Stages of Federal Litigation: Overview
    Initial Stages of Federal Litigation: Overview MARCELLUS MCRAE AND ROXANNA IRAN, GIBSON DUNN & CRUTCHER LLP WITH HOLLY B. BIONDO AND ELIZABETH RICHARDSON-ROYER, WITH PRACTICAL LAW LITIGATION A Practice Note explaining the initial steps of a For more information on commencing a lawsuit in federal court, including initial considerations and drafting the case initiating civil lawsuit in US district courts and the major documents, see Practice Notes, Commencing a Federal Lawsuit: procedural and practical considerations counsel Initial Considerations (http://us.practicallaw.com/3-504-0061) and Commencing a Federal Lawsuit: Drafting the Complaint (http:// face during a lawsuit's early stages. Specifically, us.practicallaw.com/5-506-8600); see also Standard Document, this Note explains how to begin a lawsuit, Complaint (Federal) (http://us.practicallaw.com/9-507-9951). respond to a complaint, prepare to defend a The plaintiff must include with the complaint: lawsuit and comply with discovery obligations The $400 filing fee. early in the litigation. Two copies of a corporate disclosure statement, if required (FRCP 7.1). A civil cover sheet, if required by the court's local rules. This Note explains the initial steps of a civil lawsuit in US district For more information on filing procedures in federal court, see courts (the trial courts of the federal court system) and the major Practice Note, Commencing a Federal Lawsuit: Filing and Serving the procedural and practical considerations counsel face during a Complaint (http://us.practicallaw.com/9-506-3484). lawsuit's early stages. It covers the steps from filing a complaint through the initial disclosures litigants must make in connection with SERVICE OF PROCESS discovery.
    [Show full text]
  • Summary Judgment Or Settlement In
    EDITOR-IN-CHIEF: ELIOT N. KOLERS STIKEMAN ELLIOTT LLP Volume 9 Number 3 March 2015 IN THIS ISSUE FIGHT OR FLIGHT: SUMMARY JUDGMENT Most class actions result in settlements. OR SETTLEMENT IN CLASS ACTIONS However, with the Supreme Court of Canada’s recent ruling in Hryniak breathing new life nationally into summary judgment, class action counsel now have another tool at their disposal that may provide an effective means to bringing class actions to a cost-effective and timely resolution on the merits. Monique Jilesen and Julia Brown of Lenczner Slaght Royce Smith Griffin LLP consider the possible advantages of summary judgment and the risk of the settlement approval process in class actions………………....29 Monique Jilesen Julia Brown PARTNER ASSOCIATE Despite an unusual decrease in class LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP action activity in Alberta this past year, a significant ruling emanating from the interplay between class actions and With a low threshold for certification, a defendant facing a class action third-party claims (and the tension has a number of tactical decisions to make from a cost, legal, and reputa- between them) was released. Michael Mestinsek, Brandon Mewhort and David tional perspective. In order to manage the cost and reputational issues, Price of Stikeman Elliott LLP analyze defendants have arguably too often been choosing to settle class actions the decision in Harrison v. XL Foods and that could have been successfully defended on the merits. The Supreme its possible impact, all within the context of the recent class action landscape in Court has recently breathed new life into another tool for defendants in Alberta…………………………………..35 class actions to consider—summary judgment.1 Rather than focusing one’s efforts on defending certification or achieving an early settlement, defendants can consider dealing with the action on its merits in a sum- mary judgment motion.
    [Show full text]
  • Ohio Rules of Evidence
    OHIO RULES OF EVIDENCE Article I GENERAL PROVISIONS Rule 101 Scope of rules: applicability; privileges; exceptions 102 Purpose and construction; supplementary principles 103 Rulings on evidence 104 Preliminary questions 105 Limited admissibility 106 Remainder of or related writings or recorded statements Article II JUDICIAL NOTICE 201 Judicial notice of adjudicative facts Article III PRESUMPTIONS 301 Presumptions in general in civil actions and proceedings 302 [Reserved] Article IV RELEVANCY AND ITS LIMITS 401 Definition of “relevant evidence” 402 Relevant evidence generally admissible; irrelevant evidence inadmissible 403 Exclusion of relevant evidence on grounds of prejudice, confusion, or undue delay 404 Character evidence not admissible to prove conduct; exceptions; other crimes 405 Methods of proving character 406 Habit; routine practice 407 Subsequent remedial measures 408 Compromise and offers to compromise 409 Payment of medical and similar expenses 410 Inadmissibility of pleas, offers of pleas, and related statements 411 Liability insurance Article V PRIVILEGES 501 General rule Article VI WITNESS 601 General rule of competency 602 Lack of personal knowledge 603 Oath or affirmation Rule 604 Interpreters 605 Competency of judge as witness 606 Competency of juror as witness 607 Impeachment 608 Evidence of character and conduct of witness 609 Impeachment by evidence of conviction of crime 610 Religious beliefs or opinions 611 Mode and order of interrogation and presentation 612 Writing used to refresh memory 613 Impeachment by self-contradiction
    [Show full text]