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Adverse Evidentiary Inferences

At trial, it is key to know what evidence affirmatively proves or disproves an element of a claim. In some situations, an adverse evidentiary inference instruction can be made or argued for to show that missing evidence would be favorable or unfavorable to a certain position. Two prominent examples in civil cases as to when […]

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Discovery, Evidence, Destruction/Spoliation of Evidence

Often times the most taxing and time-consuming part of litigation is discovery. Discovery is the fact-finding process of a lawsuit. The most common discovery tools are interrogatories, requests for production, requests for admissions, and subpoenas for third-party document production/testimony. Cases usually sink and swim on the facts. Without facts and proof, a plaintiff cannot win […]

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