Archives: Evidence

Subscribe to Evidence RSS Feed

Record Prove-up 101

A helpful summary of the requirements for proving up a mandamus record appears ...

. . . didn’t notice that . . .

By David Coale on September 17, 2019 Posted in Appellate Procedure, Evidence

A litigant requested that the Fifth Court take judicial notice of information about the ...

An Inference Too Far

By David Coale on September 16, 2019 Posted in Evidence

Cleveland v. Bell was a wrongful death claim, asserted under 42 U.S.C. § 1983, which ...

How to sign a declaration

By David Coale on September 3, 2019 Posted in Evidence, TCPA

A highly-practical part of Texas procedure appears in Section 132.001 of the Civil ...

Expert Throwdown

By David Coale on July 22, 2019 Posted in Damages, Evidence

The Mian Devel. Corp. v. State of Texas involved an epic “battle of the experts ...

No offer? No problem, maybe.

By David Coale on June 17, 2019 Posted in Evidence

Not offered in evidence? Might not be a problem, at least on the following record ...

Sanctions motion? Evidentiary hearing.

By David Coale on May 14, 2019 Posted in Evidence, Sanction

“Appellants did not request an evidentiary hearing on their motion for attorney’s fees ...

Default waives many things.

By David Coale on April 8, 2019 Posted in Evidence

Silverado’s answer was stricken because, as an LLC, it could not proceed pro se ...

Yahoo! The exhibits aren’t hearsay.

By David Coale on March 6, 2019 Posted in Evidence

United States v. Ayelotan affirmed the conviction of three cybercriminals who ...

Technology: Is a Video of a Video Admissible in a Criminal Trial?

By Adam Faderewski on December 11, 2018 Posted in Evidence, Technology, Texas Bar Journal

Brandon Barnett and Brandy Hankins on video and how it relates to Texas Rule of Evidence 901. To learn more about how to successfully run your practice, read the entire December issue at texasbar.com/tbj.… Continue Reading

The Uncalled Witness Rule

By David Coale on November 16, 2018 Posted in Evidence

Iberiabank v. Broussard, among many other issues, addressed the “century-old” ...

How to prove up an amount of $$

By David Coale on August 22, 2018 Posted in Evidence

In a dispute about a DTPA exemption for transactions involving “more ...

He’s an expert, not a conduit.

By David Coale on August 1, 2018 Posted in Evidence

In a civil commitment action under the Sexually Violent Predator Act, the appellant ...

Is a Video of a Video Admissible in a Criminal Trial?

By Brandon Barnett on May 17, 2018 Posted in Evidence, Theft

Technology has dramatically changed the landscape of criminal law procedure, and ...

Oldie, but not a goodie.

By David Coale on May 8, 2018 Posted in Evidence

Among other (unsuccessful) challenges to the exclusion of summary judgment ...

Authenticating and Admitting Social Media Evidence

By Eric S. Peabody on May 2, 2018 Posted in Evidence

Assuming the evidence is relevant, the primary concern of courts confronted ...

An opened door only swings so far . . .

By David Coale on April 30, 2018 Posted in Evidence

In re DuPuy Orthopaedics also warns against driving through much traffic through ...

“Deceased client” privilege exemption

By David Coale on April 23, 2018 Posted in Evidence

Tex. R. Evid. 503(d)(2), a long-lived but rarely-cited exception to the attorney-client ...

New Case: Nothing You Post On Facebook Is Private In Personal Injury Case

By William K. Berenson on February 28, 2018 Posted in Evidence

Our use of Facebook, Twitter, Instagram, and other social media platforms is rampant ...

Back Pay Burden-New Trial Ordered Where Jury Slashed Plaintiff’s Request for Back Pay

By Seyfarth Shaw LLP on February 15, 2018 Posted in Employment Law, Evidence

The Sixth Circuit ordered a new trial in a Title VII case where plaintiff ...

How much is a car wash worth?

By David Coale on February 12, 2018 Posted in Evidence

Pappas testified about his 50% interest in a car wash business, using an undisputed ...

Hose rose? Nobody knows.

By David Coale on January 24, 2018 Posted in Evidence

In Peters v. Jazz Casino Co., Peters asserts that the hose was obstructing the hallway ...

Credibility matters.

By David Coale on January 10, 2018 Posted in Evidence

A civil forfeiture action arising from a criminal conviction produced a succinct reminder ...

Evidence twofer

By David Coale on November 15, 2017 Posted in Evidence

Two basic reminders about evidence appear in Eaton-Stephens v. Grapevine Colleyville ISD ...