Recent Practice Points

How to Use Errata Sheets to Your Advantage

Helene Hechtkopf and Amory McAndrew – January 31, 2019 | Courts are permitted to disregard an amendment from an errata sheet that “reflects a party’s attempt ‘to retrieve the situation by scratching out and recanting his original testimony.’”

Caution: Even a Self-Serving Affidavit May Preclude Summary Judgment

Michael R. Lied – December 20, 2018 | The fact that an affidavit may contain self-serving or uncorroborated statements does not prevent the affiant from raising a genuine issue of material fact.

Recent Articles

From Snaps to Tweets: The Craft of Social Media Discovery

Matthew J. Hamilton, Donna L. Fisher, Jessica K. Southwick – October 5, 2018 | Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts.

Getting the Snaps and Tweets into Evidence

By Matthew J. Hamilton, Donna L. Fisher, Jessica K. Southwick, Pepper Hamilton – October 7, 2018 | A rundownof the best practices that will help ensure that crucial evidence is not excluded.

Sound Advice Podcasts

Authenticating ESI under FRE 901 and 902

Ashley Heilprin - January 29,2019 | Quick tips on methods for authenticating and opposing proffered electronically stored information under the Federal Rules of Evidence.

Introducing Emails at Trial Under the Business Records Exception to the Hearsay Rule

Ashley Heilprin - January 29, 2019 | Emails are a frequently used form of communication but may be objected to on the basis of hearsay. One way to try to introduce emails is through the Business Records Exception to the hearsay rule.

Trial Evidence

Learn how to get involved with the Trial Evidence Committee and maximize your Section membership!