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Full-Text Articles in Litigation
Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood
Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood
Law Faculty Scholarly Articles
In this Article, Professor Underwood discusses the varying application of Rule 615 of the Federal Rules of Evidence, which provides for the exclusion of witnesses. He explains that varying application of Rule 615 and state evidence rules following Rule 615's language creates misunderstandings at trial. Thus, it is important to know not only the federal and local rules but also the "way things are done" in a particular court.
Evaluating Scientific And Forensic Evidence, Richard H. Underwood
Evaluating Scientific And Forensic Evidence, Richard H. Underwood
Law Faculty Scholarly Articles
Professor Underwood offers a critique of the present state of scientific and forensic evidence. In the context of discussing four challenges to the field, the author arms the practitioner with strategies and tactics for making effective use of scientific and forensic testimony.
"X-Spurt" Witnesses, Richard H. Underwood
"X-Spurt" Witnesses, Richard H. Underwood
Law Faculty Scholarly Articles
In this article the author pulls together a history of expert witnesses in common law systems. Various issues are explored regarding expert witness testimony, including: the historical underpinnings of the practice, how Daubert controls that issue in modern times, rules of evidence, psychological science, and professional ethics.