Significant Developments in the Law of Evidence and Civil Procedure
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Best Evidence Rule--Oral Proof of Contents of Writings
St. John's Law Review Volume 5 Number 2 Volume 5, May 1931, Number 2 Article 8 Best Evidence Rule--Oral Proof of Contents of Writings Thomas M. McDade Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Note is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. NOTES AND COMMENT ing certain modes of procedure, in federal cases, it is submitted that there is nothing in the Fourteenth Amendment that forbids a state from keeping its rules of procedure and evidence abreast of the most enlightened views of modern jurisprudence. C. JOSEPHa DANAHY. BEST EVIDENCE RULE-ORAL PROOF OF CONTENTS OF WRITINGS. It is common learning in the law of evidence that a writing or document is the best evidence of what it contains. "Indeed the term 'best evidence' has been described as a convenient short de- scription of the rule as to proving the contents of a writing." I Therefore, generally, oral testimony will not be admitted to prove what was contained in a writing; the document itself must be produced and offered in evidence.2 The reasons for this rule are founded on the uncertainty of oral testimony based on recollec- tion, and the inability to reproduce properly such characteristics as form, handwriting and physical appearance. 3 But, like most laws of a pseudo-science, this general rule has several exceptions, and it is with one of these exceptions that we are concerned. -
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 ......................................................................................................... -
Amendment to the Federal Rules of Civil Procedure
April 27, 2020 Honorable Nancy Pelosi Speaker of the House of Representatives Washington, DC 20515 Dear Madam Speaker: I have the honor to submit to the Congress an amendment to the Federal Rules of Civil Procedure that has been adopted by the Supreme Court of the United States pursuant to Section 2072 of Title 28, United States Code. Accompanying the amended rule are the following materials that were submitted to the Court for its consideration pursuant to Section 331 of Title 28, United States Code: a transmittal letter to the Court dated October 23, 2019; a redline version of the rule with committee note; an excerpt from the September 2019 report of the Committee on Rules of Practice and Procedure to the Judicial Conference of the United States; and an excerpt from the June 2019 report of the Advisory Committee on Civil Rules. Sincerely, /s/ John G. Roberts, Jr. April 27, 2020 Honorable Michael R. Pence President, United States Senate Washington, DC 20510 Dear Mr. President: I have the honor to submit to the Congress an amendment to the Federal Rules of Civil Procedure that has been adopted by the Supreme Court of the United States pursuant to Section 2072 of Title 28, United States Code. Accompanying the amended rule are the following materials that were submitted to the Court for its consideration pursuant to Section 331 of Title 28, United States Code: a transmittal letter to the Court dated October 23, 2019; a redline version of the rule with committee note; an excerpt from the September 2019 report of the Committee on Rules of Practice and Procedure to the Judicial Conference of the United States; and an excerpt from the June 2019 report of the Advisory Committee on Civil Rules. -
Evidence in Civil Law – Germany
© Institute for Local Self-Government and Public Procurement Maribor All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retriveal system, without permission in writing from the publisher. Title: Evidence in Civil Law – Germany Authors: Christian Wolf, Nicola Zeibig First published 2015 by Institute for Local Self-Government and Public Procurement Maribor Grajska ulica 7, 2000 Maribor, Slovenia www.lex-localis.pres, [email protected] Book Series: Law & Society Series Editor: Tomaž Keresteš CIP - Kataložni zapis o publikaciji Narodna in univerzitetna knjižnica, Ljubljana 347(430)(0.034.2) WOLF, Christian, 1958- Evidence in civil law - Germany [Elektronski vir] / Christian Wolf, Nicola Zeibig. - El. knjiga. - Maribor : Institute for Local Self-Government and Public Procurement, 2015. - (Lex localis) (Book series Law & society) Način dostopa (URL): http://books.lex-localis.press/evidenceincivillaw/germany ISBN 978-961-6842-49-5 (epub) 1. Zeibig, Nicola 281112576 Price: free copy Evidence in Civil Law – Germany Christian Wolf Nicola Zeibig Evidence in Civil Law – Germany 1 CHRISTIAN WOLF & NICOLA ZEIBIG ABSTRACT The fundamental principles in civil procedure do not only serve as guiding principles for civil procedure in general, but are especially relevant in the taking of evidence process. The German Code of Civil Procedure lays down various rules in its part on the taking of evidence, which aim to specify the scope of the fundamental procedural principles as well as their limitations. This reports purposes to depict the taking of evidence process under German law by illustrating its interaction with said principles. -
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. -
Preserving the Record
Chapter Seven: Preserving the Record Edward G. O’Connor, Esquire Patrick R. Kingsley, Esquire Echert Seamans Cherin & Mellot Pittsburgh PRESERVING THE RECORD I. THE IMPORTANCE OF PRESERVING THE RECORD. Evidentiary rulings are seldom the basis for a reversal on appeal. Appellate courts are reluctant to reverse because of an error in admitting or excluding evidence, and sometimes actively search for a way to hold that a claim of error in an evidence ruling is barred. R. Keeton, Trial Tactics and Methods, 191 (1973). It is important, therefore, to preserve the record in the trial court to avoid giving the Appellate Court the opportunity to ignore your claim of error merely because of a technicality. II. PRESERVING THE RECORD WHERE THE TRIAL COURT HAS LET IN YOUR OPPONENT’S EVIDENCE. A. The Need to Object: 1. Preserving the Issue for Appeal. A failure to object to the admission of evidence ordinarily constitutes a waiver of the right to object to the admissibility or use of that evidence. Taylor v. Celotex Corp., 393 Pa. Super. 566, 574 A.2d 1084 (1990). If there is no objection, the court is not obligated to exclude improper evidence being offered. Errors in admitting evidence at trial are usually waived on appeal unless a proper, timely objection was made during the trial. Commonwealth v. Collins, 492 Pa. 405, 424 A.2d 1254 (1981). The rules of appellate procedure are meant to afford the trial judge an opportunity to correct any mistakes that have been made before these mistakes can be a basis of appeal. A litigator will not be allowed to ambush the trial judge by remaining silent at trial and voice an objection to the Appellate Court only after an unfavorable verdict or judgment is reached. -
Enforcement of Copyright in Australia And, in Particular, On
The Parliament of the Commonwealth of Australia &UDFNLQJGRZQRQFRS\FDWV HQIRUFHPHQWRIFRS\ULJKWLQ$XVWUDOLD House of Representatives Standing Committee on Legal and Constitutional Affairs November 2000 © Commonwealth of Australia 2000 ISBN 0 642 36634 9 &RQWHQWV Foreword...............................................................................................................................................vi Membership of the Committee............................................................................................................ viii Terms of reference ................................................................................................................................x List of abbreviations............................................................................................................................ xiii List of recommendations......................................................................................................................xv 1 Introduction...............................................................................................................1 Referral of inquiry....................................................................................................................... 1 Background to the inquiry......................................................................................................... 2 The inquiry process ................................................................................................................... 3 The report................................................................................................................................... -
Best Evidence Rule Chapter
Evidence: Best Evidence Rule Colin Miller CALI eLangdell® Press 2012 Notices This is the first version of the first edition of this chapter. It was updated March 21, 2012. Check elangdell.cali.org for the latest edition/version and revision history. This work by Colin Miller is licensed and published by CALI eLangdell Press under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. CALI and CALI eLangdell Press reserve under copyright all rights not expressly granted by this Creative Commons license. CALI and CALI eLangdell Press do not assert copyright in US Government works or other public domain material included herein. Permissions beyond the scope of this license may be available through [email protected]. In brief, the terms of that license are that you may copy, distribute, and display this work, or make derivative works, so long as you give CALI eLangdell Press and the author credit; you do not use this work for commercial purposes; and you distribute any works derived from this one under the same licensing terms as this. Suggested attribution format for original work: Colin Miller, Evidence: Best Evidence Rule, Published by CALI eLangdell Press. Available under a Creative Commons BY-NC-SA 3.0 License. CALI® and eLangdell® are United States federally registered trademarks owned by the Center for Computer-Assisted Legal Instruction. The cover art design is a copyrighted work of CALI, all rights reserved. The CALI graphical logo is a trademark and may not be used without permission. Should you create derivative works based on the text of this book or other Creative Commons materials therein, you may not use this book’s cover art and the aforementioned logos, or any derivative thereof, to imply endorsement or otherwise without written permission from CALI. -
Oklahoma Statutes Title 12. Civil Procedure
OKLAHOMA STATUTES TITLE 12. CIVIL PROCEDURE §12-1. Title of chapter...........................................................................................................................30 §12-2. Force of common law.................................................................................................................30 §12-3. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-4. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-5. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-6. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-7. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-8. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-9. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................31 §12-10. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-11. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-12. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 -
New York Evidentiary Foundations Randolph N
digitalcommons.nyls.edu Faculty Scholarship Books 1993 New York Evidentiary Foundations Randolph N. Jonakait H. Baer E. S. Jones E. Imwinkelried Follow this and additional works at: http://digitalcommons.nyls.edu/fac_books Part of the Evidence Commons Recommended Citation Jonakait, Randolph N.; Baer, H.; Jones, E. S.; and Imwinkelried, E., "New York Evidentiary Foundations" (1993). Books. Book 4. http://digitalcommons.nyls.edu/fac_books/4 This Book is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Books by an authorized administrator of DigitalCommons@NYLS. New York .Evidentiary Foundations RANDOLPH N. JONAKAIT HAROLD BAER, JR. E. STEWART JONES, JR. EDWARD J. IMWINKELRIED THE MICHIE COMPANY Law Publishers CHARLOTIESVILLE, Vlli:GINIA CoPYRIGHT ~ 1H93 BY THE MICHIE COMI'ANY Library of Congress Catalog Card No. 93-77731 ISBN: 1-55834-058-0 All rights reserved. lllllllllllllllllllllllllm IIIII SUMMARY TABLE OF CONTENTS Page Table of Contents . v Chapter 1. Introduction . 1 Chapter 2. Related Procedures .. .. .. .. ... ... .. .. .. .. .. .. ..... 11 Chapter 3. The Competency ofWitnesses .......................... 25 Chapter 4. Authentication . 45 Chapter 5. Limitations on Credibility Evidence . 99 Chapter 6. Limitations on Evidence That Is Relevant to the Merits of the Case . 129 Chapter 7. Privileges and Similar Doctrines . 155 Chapter 8. The Best Evidence Rule . 199 Chapter 9. Opinion Evidence ......................................... 225 Chapter 10. The Hearsay Rule, Its Exemptions, and Its Excep- tions ......................................................... 241 Chapter 11. Substitutes for Evidence . .. .. .. .... .. .. .. .. ..... ... .. 315 Index ......................................................................... 329 iii TABLE OF CONTENTS Page Summary Table of Contents 111 Chapter 1. Introduction .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1 · A. Introduction . 1 B. Laying a Foundation - In General . 2 1. -
United States District Court for the District of Connecticut
Case 3:13-cv-01890-CSH Document 187 Filed 06/15/16 Page 1 of 43 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT CONSTANCE E. BAGLEY, Civil Action No. Plaintiff, 3:13 - CV - 1890 (CSH) v. YALE UNIVERSITY, DOUGLAS RAE, EDWARD SNYDER, and ANDREW JUNE 15, 2016 METRICK, individually, Defendants. RULING ON PLAINTIFF'S OMNIBUS MOTION CONCERNING DISCOVERY AND RELATED ISSUES HAIGHT, Senior District Judge: Plaintiff has filed an Omnibus Motion [Doc. 172] which requests an order granting seven separate forms of relief, most related to pretrial discovery and related issues. Defendants oppose these requests almost in their entirety. The issues have been thoroughly briefed by counsel. This Ruling resolves them. The Ruling's discussion follows the order of the numbered paragraphs in the Omnibus Motion, which arrange and set forth Plaintiff's requests and demands. References to "Yale" refer to the University as an institution, or on occasion, it is a collective reference to all the Defendants. (1) and (2). Time Limit for Discovery Concerning Comparators; Identity of Comparators In a prior Ruling on discovery issues, reported at 2015 WL 8750901 (D.Conn. Dec. 14, 2015), the Court directed documentary discovery "with respect to those obvious comparators, the reappointment professors," a group the Ruling defined as "the individuals who (a) were Professors 1 Case 3:13-cv-01890-CSH Document 187 Filed 06/15/16 Page 2 of 43 in the Practice on the faculty of the Yale School of Management during the period 2008-2013 and (b) during that period, applied for reappointment to that rank and position." Id., at *9. -
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