Evidence Archives - Jeremy W. Richter

Denying Unsworn Pleadings That Aren’t Supported by Evidence

Mar 6, 2017

Ex parte Gentile Company, LLC: Where a party fails to support its unsworn pleadings with evidence supporting its arguments, the party’s motion will not be granted because statements and arguments of counsel in unsworn pleadings are not evidence. Gentile Company, LLC and Bright Star Restaurant, Inc. entered into a contract for Gentile to provide cleaning services for Bright Star. Gentile alleges that Bright Star wrongfully terminated the contract in April 2016. In May 2016, Gentile brought suit against Bright Star for breach of contract in the Circuit Court of Jefferson County. Bright Star is located in the Bessemer Cutoff of Jefferson...

2016 Rules of Civil Procedure & Discovery Wrap-Up

Dec 26, 2016

The courts have been busy in 2016 addressing issues of discovery, and interpreting and rewriting the rules of civil procedure. Each of the below links will take you to either a case brief or memoranda analyzing these developments. Maria Graham v. City of Talladega: An amended pleading is a nullity if it does not comply with ARCP 15, and once the original claims are dismissed, a party has 42 days from the date of dismissal to file an appeal, pursuant to ARCP 4. Ex parte Tidra Corporation: A trial court may only require a party to submit to a mental...

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.

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...

Evidence

Denying Unsworn Pleadings That Aren’t Supported by Evidence

2016 Rules of Civil Procedure & Discovery Wrap-Up

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

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

The Admissibility of Ipse Dixit Testimony

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