INTRODUCTION|Here is the bottom line on presumptions. They are inextricably confused devices used to move burdens from one party to another and to allow judges to comment on the value of evidence. The burden of production ...

INTRODUCTION|In a recent issue, the National Law Journal profiled two judicial opinions as significant. In the first, the Eighth Circuit Court of Appeals affirmed a search and seizure case out of the Western District of ...

FIRST PARAGRAPH(S)|A(1). Timely Objection; Rule 103: United States v. Zerba. Black-Letter Law: (1) An objection after the question has been answered is not a timely objection. (2) Absent plain error, an untimely objection ...

FIRST PARAGRAPH(S)|Let me start this update of the past year's activity in the law of Evidence, in the United States Court of Appeals for the Eighth Circuit and the United States Supreme Court, with the topic of privileges. ...

INTRODUCTION|This Article is about Daubert v. Merrell Dow Pharmaceuticals, Inc. It is not about whether Daubert is a good decision or whether it is a bad decision, although, in my view, Daubert is a pretty good decision ...

This article exposes shocking, never-before-revealed truths about hearsay evidence. In my study of the rule, leading to my book (THE HEARSAY RULE, 2d edition, published in 2009 by Carolina Academic Press) I have discovered ...