One issue on which there is neither an applicable rule nor settled law is whether expert reports are admissible at trial—not in lieu of, but in addition to, expert testimony. Courts have gone both ...

The United States Supreme Court recently amended Federal Rule of Evidence Rule 807, the residual exception to the hearsay rule. These amendments significantly broaden the scope of the exception, which ...

Everyone reading this article probably already knows hearsay is an out-of-court statement used “to prove the truth of the matter asserted.” But even experienced litigators can fail to appreciate the ...

Although hearsay evidence is generally prohibited, the definitional carve-outs and exceptions provide trial judges with the latitude to admit trustworthy evidence that would otherwise be excluded.