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Evidence

Adverse Inference for Failing To Call a Witness

Thursday, June 13, 2013

Why would an attorney not call a witness who might elucidate critical facts about a case? Does he have something to hide? Can the opposing attorney bring this to the attention of the jury? Should the jury be given a special instruction? These issues and the applicable rules are explored.

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When Is an Unidentified Declarant's Statement Admissible?

Wednesday, March 6, 2013

N.J.R.E. 803(b)(4) allows statements by a "party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship." But what if the party's agent or employee is unidentified? Will a civil court admit that statement? N.J. courts have come down on both sides of that question, but there does appear to be a pattern both for and against admission.

This Is Hearsay?

Wednesday, October 10, 2012

An important, but perhaps little-known, aspect of the hearsay rule.

Correctional Medical Services Inc. v. Department of Corrections

Thursday, May 31, 2012

Neither the deliberative process privilege nor the official information privilege protects the documents plaintiff seeks in this breach-of-contract action.

Taking the Bull by the Horns

Thursday, April 19, 2012

Third Circuit holds that bad faith is a prerequisite to a finding of spoliation.

Voellinger v. Dow

Thursday, June 23, 2011

Based on bailment principles, the Division of Criminal Justice is not liable for losing or destroying evidence properly seized years earlier.