Legal Articles

Explicit and Implicit Credibility

When arguing cases on appeal, it is virtually impossible to overturn a credibility determination made in the lower court. Indeed, appellate courts “defer to the trial court’s credibility determinations.” Federal Nat. Mortg. Ass’n v. Wilson, 409 S.W.3d 490, 494 (Mo. Ct. App. 2013). The reason for this deference is that lower courts in a better position…

Expert Witness Admissibility

Trial courts have substantial discretion when deciding whether to admit evidence at trial. This discretion extends to expert witness testimony. On appeal, a trial court’s decision to admit or exclude expert testimony is reviewed for an abuse of discretion. Spalding v. Stewart Title Guar Co., 463 S.W.3d 770, 778 (Mo. 2015). Not everything is discretionary….

Judicial Notice, Evidence

When presenting evidence at trial or at a hearing, “judicial notice” may be utilized to set forth a fact “which is common knowledge of people of ordinary intelligence” and “which can be reliably determined by resort to a readily available, accurate and credible source.” State v. Weber, 814 S.W.2d 298, 303 (Mo. Ct. App. 1991)….

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