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Tag: court rules

Use of Photo and Video Evidence in Court

Photo and Video Evidence: Always Allowed in Court?

Photographs and video present some of the most effective evidence possible in court. In the dark ages of photography it took a small investment to buy or rent video equipment. But now that nearly everyone has a basic camera and video capability at their fingertips through a cell phone, it’s […]

Multi Lock. By Mike Baird on flickr

Spoliation of Evidence: Penalties Available in Civil Law

Spoliation of evidence occurs when a relevant document or physical evidence is destroyed, altered or intentionally withheld. Courts can impose punitive sanctions against those who damage or destroy evidence. The legal theory holds that a party’s destruction of evidence shows consciousness of wrongdoing or motive to avoid evidence. Spoliation of […]

Discovery in Civil Litigation

Discovery in Civil Litigation

A “search for the truth” is the idea behind the discovery phase of civil law suits. Hollywood keeps movie viewers in suspense, telling a tale but holding back on a final nugget of truth until a secret witness shows up in court at the end revealing “the truth”. Forget all […]

Minor Settlements

Minor Settlements: Why is Court Approval Required?

Minor settlements, personal injury settlements for those under the age of minority, often need court approval before funds are released. Here’s the problem: minors lack legal capacity to make binding decisions.  Minors in most cases can’t sign enforceable contracts.  So, an insurance release cannot bind a minor.  This contradicts the basic […]

Liability is not "guilt"

PERSONAL INJURY: Liability – No “Guilt” or “Innocence”

“Guilt” and “Innocence” exist in criminal law, not civil negligence law. Concepts of guilt or innocence refer only to criminal matters, where an individual faces prosecution by the government at some level.  Even in an accident caused, allegedly, by a person running a red light, the light runner is not […]

Deposition

Depositions: How To Behave

Oath at Depositions Depositions start out with you being asked to raise your right hand and to swear or affirm that the testimony that you are about to give is truthful and accurate.  No brainer.  But, I’ve seen people thrown off by the question because they did not expect it. Stenographer The […]

Trash: No Expectation of Privacy

One Person’s Trash – Another Person’s Evidence

Q: How do I keep my trash private?  I’m involved in a court suit and my trash disappeared before the trucks came and I don’t think that’s right. A: Get a paper shredder.  Once trash is placed outside, there’s no reasonable expectation of privacy. It’s not a pretty picture, but […]

accident lawsuit

PERSONAL INJURY – Rules of Evidence

Evidence never gets into court without passing the rules of evidence. Courts admit evidence only when it complies with rules, statutes and case law comprising evidence law.  Winning a case requires mastery of the rules of evidence. Rules vary from state to state and even from court to court.  One reason to have a lawyer, among others, is […]

Shocked by apdk on flickr

Personal Injury: Emotional Distress

  Stress infiltrates our lives.  Between bills, demanding jobs, nerve-wracking traffic, getting kids to their activities and other worries, who isn’t stressed? How do courts distinguish every day stress from trauma that crosses the line? For years, courts rejected emotional distress claims.  They feared “opening the floodgates”.  Foreign Objects in Food […]

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Attorney Myers is a member of the American Trial Lawyers Association, Massachusetts Academy of Trial Lawyers, and New Hampshire Trial Lawyers Association. The Law Offices of Andrew D. Myers offer a broad range of legal services in personal injury cases in Massachusetts (MA) and New Hampshire (NH) areas.

The information on this web site is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. This web site must be labeled advertisement in some jurisdictions.