Time and again,  litigators experience hassles with a witness obtaining notarization of a signature. That sometimes leads to submission of affidavits that are technically not proper, and related angst. But is such an affidavit a declaration under penalty of perjury, if the “penalty of perjury” language is used?  Yes, said an Illinois federal court  See 

2016 has been quite the year, and it looks as if 2017 could be quite the year. To close out this year, a link to Nathan Schactman’s December 28, 2016 blog article regarding the likelihood that 2017 will bring an end to the federal rule for the ancient document exception to the hearsay rule. The

A news article on the criminal trial from the West Virginia mine explosion provides a concrete example of how limits on trial evidence may induce unreality for witnesses, lawyers, judges and jurors. The article is from the Charleston Gazette- Mail on  Sunday October 25, 2105. The big picture point is that actions may not

In a mass tort MDL trial, what evidence can/should jurors here regarding 1) other MDL cases involving the same product and 2) plaintiff attorney advertising for similar plaintiffs?  In a case now in trial, a federal judge has held that some evidence will be allowed on both topics. The issues arise in the first bellweather