Social media content is subject to discovery under the broad definitions provided in the discovery rules of the Alabama Rules of Civil Procedure and is not usually privileged or protected by privacy rights.
Without more, a medical payment made by an insurance company is not an admission of liability and is inadmissible as evidence.
An article addressing the admissibility and use as evidence of the results of DOT-required post-accident drug and alcohol testing for commercial drivers.
Ex parte Dr. Barbara Johnson – When a minor child is not a party to a custody dispute, his psychiatric records are privileged and not subject to an exception.
Guidelines for the discoverability of parties’ social media content in civil litigation.
In Alabama, law enforcement personnel are not required in all circumstances to record or document by audio or video their interactions with the public; however, if a law enforcement officer does create a video or audio recording that documents an interaction between an officer and the public, the officer is required to maintain the recording. The sources of any such recording may include in-dash cameras, body cameras, surveillance cameras, and audio recordings (without video). As of October 21, 2015, if any video or audio recording becomes part of a law enforcement case file, an officer must retain the recording until...
Ipse Dixit testimony comprises a statement of fact by a proponent (i.e., the condition particular equipment prior to an incident occurring) that can be neither proved nor disproved by any other evidence. A trial court is well within its purview to rule as inadmissible ipse dixit evidence, because admitting ipse dixit opinion testimony that would require the court to “take a leap of faith” to rely on the proponent’s “naked assurances” that his testimony is based in fact.[1] For example, Tom has left a piece of construction equipment on Sam’s property. Tom was not present when his employees used the equipment to...
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