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Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
The survey period saw a number of cases raising significant evidentiary issues. Most notable is the continuing evolution of the necessity exception to the rule against hearsay. During the survey period, the Supreme Court added a third prong to the test for the admission of evidence pursuant to the necessity exception, and thus seemingly narrowed the scope of the exception. However, the court also expanded the circumstances that constitute the "unavailability" of a witness. The net effect seems to be an expansion of the necessity exception.
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
Daubert inspired appeals again occupied much of the Eleventh Circuit's time during the survey period. As discussed in detail below, the Eleventh Circuit held in Carmichael v. Samyang Tire, Inc. that Daubert applies only to witnesses claiming scientific expertise, a decision which sent parties scrambling as they sought to avoid or to invoke Daubert. However, after the survey period, the Supreme Court reversed the Eleventh Circuit's decision in Carmichael. In Kumho Tire Co. v. Carmichael, the Supreme Court held that Daubert applies to all expert testimony and is not limited to "scientific" testimony. The Court also …