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Jeremy W. RichterJeremy W. Richter
Jeremy W. RichterJeremy W. Richter
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Discovery & Evidence

How to Respond to an Objection to Social Media Discovery Requests

How to Respond to an Objection to Social Media Discovery Requests

Nov 28, 2016

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.

Are Medical Payments Made by an Insurance Company an Admission of Liability?

Nov 14, 2016

Without more, a medical payment made by an insurance company is not an admission of liability and is inadmissible as evidence.

[Appearance] “The Admissibility of Post-Accident Drug and Alcohol Screens

Nov 1, 2016

An article addressing the admissibility and use as evidence of the results of DOT-required post-accident drug and alcohol testing for commercial drivers.

Discoverability of Minor Child’s Psychiatric Records

Discoverability of Minor Child’s Psychiatric Records

Sep 29, 2016

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.

The Discoverability of Social Media Content in Civil Litigation

Jan 7, 2016

Guidelines for the discoverability of parties’ social media content in civil litigation.

Changes to Alabama Law Enforcement Records Retention Policy

Oct 20, 2015

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...

The Admissibility of Ipse Dixit Testimony

Jul 1, 2015

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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