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Public Records Evidence

EDRM - Electronic Discovery Reference Model

Rusty Texts: Sending Privileged Information to Clients

In ‘Rust’ Armorer’s Phone Snafu Shows Risks Of Texting Clients – Law360 (Feb. 13, 2024), Phillip Bantz wrote: “A legal dust-up over compromised text messages between a movie prop weapons expert and her lawyer in the ‘Rust’...more

EDRM - Electronic Discovery Reference Model

Relevance Redactions Revisited

The issue of whether irrelevant material in a relevant document can be redacted when the document is produced in discovery has long been a hot topic.  See, e.g., Relevance Redactions Rejected – Rule 26(f) Resolution –...more

Law School Toolbox

Law School Toolbox Podcast Episode 296: Listen and Learn -- Hearsay Exceptions: Government and Business Records

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Welcome back to the Law School Toolbox podcast! In today's episode, we cover two hearsay exceptions -- government/public records and business records. You can find more on the topic of hearsay and related exceptions in...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 132: Listen and Learn -- Hearsay Exceptions: Government and Business Records

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Welcome back to the Bar Exam Toolbox podcast! In today's episode, we cover two hearsay exceptions, and they are government/public records and business records. You can find more on the topic of hearsay exceptions in episodes...more

Dentons

Using Surveillance to Aggressively Defend a Claim

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Post-accident video surveillance, social media canvassing, medical record canvassing, and public record document searches are great ways to aggressively defend a claim. These surveillance methods can help establish an...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Refuses to Disturb Judgment Based On “Newly Discovered” Evidence That Was Available in Russian Public Records...

What is the ability of a litigant in the Commercial Division to use evidence located in the public records outside of the United States to re-open a New York court judgment? On December 7, 2016, in Alexander Gliklad v....more

Butler Snow LLP

The Fifth Circuit Rules Findings from SEC Civil Investigation are Admissible Evidence at Trial

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The Fifth Circuit Court of Appeals appears to have handed white collar defendants a new tool for trial. In United States v. Gluk, — F.3d —-, 2016 WL 4150901 (5th Cir. Aug. 4, 2016), the court held that a little-noticed...more

Best Best & Krieger LLP

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

Perkins Coie

Court Rejects “Gotcha” Theory of Waiver Under Public Records Act

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A California appellate court has ruled that inadvertent disclosure of documents containing attorney-client communications in response to a Public Records Act request does not result in a waiver of the privilege. Newark...more

Genova Burns LLC

Public Records Produced Pursuant to OPRA May Not be Redacted for Irrelevancy

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The New Jersey Appellate Division has recently confirmed the public’s unfettered right to access government records, regardless of whether certain information produced falls outside a specific request....more

Saul Ewing Arnstein & Lehr LLP

Right-to-Know Law Litigants in Pennsylvania Are Now Free to Introduce New Evidence and Arguments During Appeals and After OOR...

The Pennsylvania Supreme Court recently held in Bowling v. Office of Open Records, No. 20 MAP 2011, 2013 WL 4436219, at *1 (Pa. Aug. 20, 2013), that courts reviewing pending cases under the state’s Right-to-Know Law (“RTKL”)...more

McCarter & English, LLP

The Admissibility of Opinions Contained in Public Records

The outcome of civil litigation often hinges upon the ability of litigants to rely upon or exclude public records and reports and, in particular, opinions contained in them. Federal Rule of Evidence 803(8) (“Rule 803(8)” or...more

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