A premature deadline for disclosure: Rule 26(a), requiring disclosure of expert opinion and other demonstrative evidence, may pose preclusion and timing problems

Article Abstract:

Federal Rule of Civil Procedure 26(a)(2) seems to include demonstrative evidence in discoverable items but such evidence of jury quality is usually not ready at the time expert evidence is discovered, nor have the issues to be tried crystallized. Federal Rule of Civil Procedure 37(c)(1) forbids the use of demonstrative evidence not disclosed in a timely fashion. There are two exceptions to this bar and the new discovery tools in the 1993 amendments to Federal Rule of Civil Procedure 26(a) offer lawyers some way to get around this problem but the timing strictures must still be remembered.

Evidence, Demonstrative, Demonstrative evidence, Discovery (Law), Estoppel

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Federal practice; rules of evidence

Article Abstract:

The seven amendments to the Federal Rules of Evidence to take effect on 12/1/00 are discussed. They include Rule 103, regarding the appealability of motions in limine, Rule 404(a)(1), on evidence of the accused's character, and Rules 803(6) and 902(11)-(12) on the authentication of business records via affidavit.

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Federal practice; Internet evidence

Article Abstract:

Authenticating web site and chat room evidence, two of the key types of Internet evidence, is discussed. The novelty of the media determines the novelty of the evidentiary issues, thus, the issues are essentially factual.

Innovations, Web sites (World Wide Web), Web sites, Testimony, Chat rooms

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