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Plaintiff Magazine

Recorded evidence in employment matters

Is it a plaintiff’s friend or foe? The answer may be found in Penal Code section 632

Jason Erlich
Denise Top

From Issue: 2017 March

Other accidents: Relevance and admissibility

Evidence of other accidents is compelling, but the trick is getting it admitted

Jeffrey R. Smith

From Issue: 2012 March

My dog ate your evidence: Shifting the burden of proof in premises-liability cases

A burden shift may occur if there has been a misuse of the defendant’s superior control over evidence

Jeremy Cloyd

From Issue: 2012 July

Metadata as blessing and burden

The document speaks for itself (but does it say too much?)

Miles B. Cooper

From Issue: 2012 December

Making certain your demonstrative evidence is admitted

The steps you must take to be certain your often costly demonstrative evidence is presented to the jury

Eustace de Saint Phalle

From Issue: 2016 February

Go graphic in mediation, not just in trial

At best, you will likely increase the settlement value; at worst, you’re really ready for trial

Morgan C. Smith

From Issue: 2011 June

Presenting medical evidence at trial

Playing at trial the videotaped depositions of treating doctors is often preferable to live testimony

Olivia K. Leary

From Issue: 2025 August

Now I see it!

Wading through the big data to discover what matters for trial – it often starts with the cell phone

Morgan C. Smith

From Issue: 2020 February

MRI scans and objective evidence of spinal injury

Upright MRI may offer clinical proof of injury when conventional MRI does not

Sana Khan

From Issue: 2012 March

Marijuana use and the civil jury trial

The rules you must know before evidence of marijuana use is put before the jury

Alan Van Gelder

From Issue: 2015 July

Have you been Sanchezed at trial?

The treating doctors can lay the foundation to prevent having your expert witness’s testimony stricken

Andrew S. Miller
Eean L. Boles

From Issue: 2021 January

Game changer: Animations in litigation

When to use them at mediation, and how to get them admitted into evidence at trial

Steven Brady
Jessica DeWitt

From Issue: 2018 August

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