Witness Competency

     This short blob/article was written for my, Eric Roy, and my staff’s own benefit.  The rules outlined below are those that govern witness competency as dictated by Federal Rules of Evidence.  That being said, many states adopt the Federal Rules of Evidence in part or in total.  Thus, always look to your state rules

Understanding Hearsay Doctrine

     The purpose of the hearsay doctrine is to exclude evidence which may lack reliability.  Analogous to the best evidence rule, the hearsay rule gives preference for live testimony subject to cross examination as opposed to out of court statements being later repeated in trial which are thus no longer subject to cross examination.  It

Procedure for Objections to Evidence

     Either party may seek an advanced ruling regarding a proposed item of evidence prior to trial.  The party seeking such will do so by motion in limine.  A proponent of evidence may move in limine so as to determine, prior to trial, whether some evidence will be admissible at trial.  This is a smart


     We know that logically and legally relevant should be admitted so as to assist the trier of fact in reaching a proper ruling or verdict.  That being said we also know that there are times when even this logically and legally relevant evidence is precluded from the courtroom.  The reasoning behind such exclusions typically

Nevada Rule of Civil Procedure 27, 28, 29 and 30

These provisions of the Nevada Revised Statutes govern depositions and the discovery process.  Rule 27 – Allows for a deposition to take place before an action even commences.  Apparently the purpose of the rule is to perpetuate testimony regarding testimony that may be cognizable in a latter action.  If this pre action deposition is desired

Nevada Rule of Civil Procedure 16.1 (Revised)

     Rule 16.1 governs mandatory pretrial discovery requirements.  The rule is divided into seven subsections.  The subsections are (a) through (g) and govern attendance at the early case conference, meet and confer requirements, case management report, case conference disputes, failure or refusal to participate sanctions, complex litigation, and proper person litigants. (a) Attendance at early

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