How to Put Partial Evidence in Complete Context

When evidence presented during direct examination is distorted by being taken out of context, you can counteract that distortion by invoking the rule of completeness. Continue reading

Lost on a Motion in Limine? Make Your Record!

The basic rule is that, if you don’t make a timely objection before or when objectionable matters are mentioned or introduced, you may not be able to raise the issue on appeal. See Evid C §353. Accordingly, if you don’t ensure that a proper record is made of any adverse ruling to a motion in limine, you may just have lost a ground for appeal. Here’s how to preserve the ground for appeal when you’re on the losing end of a motion in limine. Continue reading

A Photo Is Still a Photo, Even on Social Media

ThinkstockPhotos-503803495A recent case made headlines simply because it involved Instagram. Don’t be fooled by the hype—new technologies don’t always require new law. A photo is a photo regardless of where it appears, and its admissibility is based on the same law whether it’s a photo taken on a camera or one posted on the hottest new social media website. Continue reading

From Website into Evidence

135874637Many courts view the content of Internet websites with skepticism, or as one court put it, the Internet is a “large catalyst for rumor, innuendo, and misinformation.” Lorraine v Markel Am. Ins. Co. (D Md 2007) 241 FRD 534, 555 n30. Watch out—this attitude might impact your efforts to authenticate and get website postings into evidence.  Continue reading

Getting Edited Video into Evidence

458909277With court time and patience at a premium, it may be best to introduce an edited version of a video recording into evidence instead of the whole—possible very long—version. But before you do this, you’ll have to authenticate your truncated video. Continue reading