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 ...

Once upon a time, evidence came from live witness testimony. Then it was ring cameras, store security video, and often-damning text messages. Now? It is the ever-increasing use of machine “process” ...

The admission of expert testimony in federal courts is governed by Rule 702 of the Federal Rules of Evidence. Effective December 1, 2023, Rule 702 was amended to clarify the “preponderance of evidence ...

"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 ...

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 ...