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American Bar Association

Practice Points »

Court Denies Defendants' Bid to Have Requests to Admit Admitted

Though the claim that the plaintiff's responses were nonresponsive and made in bad faith had merit, motion was still denied.


Phone Passcodes Protected by Fifth Amendment

When password protections on company-issued smartphones are not in corporate records, former employees are not obligated to disclose them.


Juror Affidavit Alleging Jury Misconduct Not Admissible

Defendant is not entitled to a new trial because jury misconduct is inadmissible under Federal Rule of Evidence 606(b).


Articles »

Ohio v. Clark: The Supreme Court's Latest Look at "Testimonial" Hearsay

By Mark Dobson

A word of caution may be in order about the Court’s potentially global statements.


Surveillance Video Authenticated Even Absent Eyewitness with Personal Knowledge

By Michael R. Lied

A witness is not required to have prior knowledge of an individual captured by camera in order to establish identification.


People v. Truett: A Murder Case That Could Not Be Won—But Was

By Travis H.D. Lewin and Tyler P. Hite

It seemed to be a clear case of murder that Abe could not win—but he did. Was it, in fact, a case he should have lost?


Sound Advice »

audio Tips for the Procrastinator

By Ian Fisher

You’re late with your privilege log—no big deal? Ian Fisher explains how it can become a huge deal but also how a little cooperation can be a procrastinator’s best tool. (7:26 min)


audio Lessons in Evidentiary Issues

By Hon. Joseph F. Anderson Jr.

Listen as a U.S. district judge with 27 years of experience in the courtroom, discusses what he views as the most troublesome evidentiary issues. (13:05 min)

audio Evidentiary Issues Arising from People v. Collins

By Professor Stephan Landsman

Professor Steve Landsman discusses the evidentiary issues arising from People v. Collins—including problems that can come from an uncritical look at statistics. (7:55 min)




Join Our Monthly Conference Call

Please attend a telephone conference with the Committee Co-Chairs on Thursday, August 20, 2015, at 4:00 p.m. Eastern.


Seeking Contributors

We are looking for authors for articles about trial evidence and related matters. Contact an editor (below) for more information.

Trial Evidence Leadership

Cochairs Subcomittee Chairs/Editors

Blanca Fromm Young

San Francisco, CA

Eric R. Harlan

Baltimore, MD


James A. King

Columbus, OH

Katie L. Dysart

New Orleans, LA

Andrew Flake

Atlanta, GA

Jonathan S. Kitchen

San Francisco, CA

Michael R. Lied

Peoria, IL

Jennifer Routh

Columbia, SC