She explained that despite the large quantity of disclosure, only a fraction of the text messages, photographs and cellphone records would be introduced
into evidence at trial.
The reports of the expert were not entered into evidence and the expert was called to give
oral evidence at trial.
The discovery function of the preliminary inquiry «does not encompass the right of the accused to call evidence... which is solely relevant to a proposed application to
exclude evidence at trial».
The court must consider the best interests of the children, and the father failed to
bring evidence at trial that showed how joint custody would be in his children's best interests.
It is this certificate that is generally allowed
as evidence at trial to prove that the blood alcohol level was over the legal limit.
The discussions and notes of the conference are confidential and not to be used at trial, but a joint report would be admitted
into evidence at trial.
The stages of electronic discovery in civil litigation are: identification, preservation, collection, processing, review, analysis, production and presentation
of evidence at a trial.
The judge, who had analysed
evidence at a trial in the Family Division of the High Court in London earlier this month, said he had reached his decision with «profound sadness».
In just 19 pages plus appendices, the guide uncovers the ABCs of classified information and state secrets and includes sections on protective orders, withholding discovery, ex parte presentations and limits
on evidence at trial.
In the normal course, a defendant will wish to protect his right to adduce
expert evidence at trial by giving the notice required by that rule.
Rakoff noted that
evidence at the trial showed Nintendo's 3DS console is not profitable, and the vast majority of games designed for it do not use technology covered by Tomita's patent.
Applying these principles to the case at hand, the majority noted that there was uncontradicted
evidence at trial which established the incapacity of the complainant to consent to the sexual activity in question.
As the use of social
media evidence at trial continues to grow, some courts are beginning to delve into the ethical boundaries of obtaining such evidence and even a lawyer's ethical obligations to provide competent representation.
2 The exclusionary rule was contained in s. 178.16 (1) of the Act that provided for the automatic exclusion of an unlawfully intercepted private communication
from evidence at a trial as well as evidence obtained as a result of the intercept.
In the presentation of
evidence at trial relating to the critical path and construction schedule for the rebuild of Coker 8 - 2 and production capabilities and reliability issues relating to the operation of Syncrude's Coker 8 - 2, arising from the same event.
Faced with the knowledge that this kind of unfair and demeaning treatment may be waiting for them in the courtroom, women may be less willing to report their assaults and to
provide evidence at trial, which denies justice, puts women's safety at risk, and adds to public distrust of the system.»
The Court of Appeal determined that the unrepresented family litigant «had not understood what was required of him to secure the admission of the
proposed evidence at trial.»
These needs can be achieved by using electronic technology to create and maintain a digital audio recording of the vive voce evidence and to create a text transcript of the vive
voce evidence at trial as it is given.
If this right has been denied, the evidence of the breath or blood samples may not be allowed as
evidence at trial because of the violation of Charter rights.
Your spouse or his attorney then have the right to produce your affidavit as
evidence at trial when you're litigating a permanent custody arrangement at the end of your divorce proceedings.
THE BRONX — A man whose 2013 murder conviction was vacated in April because prosecutors withheld
key evidence at trial will not face another trial, according to the Bronx District Attorney.
The employer in this case failed to adduce the
necessary evidence at trial and then stubbornly maintained a lowball position on appeal.
READING OPPOSING PARTY»S ANSWERS INTO EVIDENCE (13) An answer or information given under rule 20 (questioning) by an opposing party may be read into
evidence at trial if it is otherwise proper evidence, even if the opposing party has already testified at trial.
All the doctors who gave
evidence at trial agreed that the Plaintiff «suffered a slight tear to the cartilage of her left hip (a labral tear) and a disc bulge in the lumbar spine, and that these two conditions contribute to her ongoing pain...»
This happened to the plaintiff in Tambosso, who had materials from the social media accounts of several of her friends entered into
evidence at trial against her, with the disastrous initial result at trial caused to some extent by this «tagging».
Ordering further examinations may be just where they are necessary to enable the defendant fairly to investigate and call reasonable
responding evidence at trial;
[74]... Where a plaintiff gives
credible evidence at trial, and is not significantly contradicted by entries in medical records or otherwise, the absence of a full documentary history of medical attendances it not that important.
The main reason for using exhibits and
visual evidence at trial is to present information in such a way that it becomes more comprehensible to a judge or jury.
It was undisputed on appeal that
evidence at trial demonstrated that public bets in excess of $ 5,000 were placed in relation to the race outcome (at para. 18).
The motions judge
invited evidence at trial on whether the NON-W would interrupt Apotex's sales in the but - for world, and the ONCA agreed it will be open to the trial judge to consider the relevance of Apotex's real - world NON-W on the quantum of damages.