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 ...

Effective December 1, 2023, the amendment to the United States Federal Rule of Evidence 702 clarifies and emphasizes existing requirements for the admissibility of expert witness testimony. Overall, ...

A federal judicial panel's proposal to regulate the introduction of artificial intelligence-generated evidence at trial ...

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 ...

"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 ...

Courts are increasingly confronting AI-generated and AI-manipulated evidence land on their dockets. But with innovation comes ...

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 ...

The managing judge of the High Court battle that opened up the Post Office Horizon scandal has warned that while current rules on digital evidence need to change, they should not simply revert to ...