The “Daubert Standard” provides a systematic framework for a trial court judge to assess the reliability and relevance of expert witness testimony before it is presented to a jury. Established in the 1993 U.S. Supreme Court case Daubert v....
evidence
dead man's statute
A dead man's statute states that in a civil action, a party with an interest in the litigation may not testify against a dead party about communications with the dead party. In Larkin v. Metz, 398 Pa.Super. 235, the court noted that the “...
declarant
A declarant is a person who makes a statement they allege to be true. Typically, such statements are written and signed. A declarant is sometimes referred to as an affiant if the declarant's statement takes the form of a sworn affidavit....
declaration
A declaration is an official statement, or proclamation, such as an affidavit. If the person making the declaration (called the declarant) lies in it, the declarant may be guilty of perjury.
[Last updated in September of 2022 by the...
declaration against interest
Declaration against interest is a statement made by a declarant who is unavailable that is against the declarant’s pecuniary, proprietary, or penal interest when it was made. A statement against interest is admissible as an exception to the...
declaration of mailing
Declaration of mailing is a document that must be filed to show that court required materials have been mailed to the proper recipient. This document is required for many documents such as serving someone by mail. This document ensures that...
declaration under penalty of perjury
Declaration under penalty of perjury is a statement of facts or testimony accompanied by the declaration that the person making the statement will be found guilty of perjury if the facts declared in the statement are shown to be untrue. A...
defective verdict
A defective verdict is a verdict flawed to such extent that a judgment cannot be based on it. There are several instances that might occur to render a verdict defective. For example, a verdict may be defective because of procedural...
deliberate
The word “deliberate” may be used either as an adjective or a verb. If used as an adjective, it refers to intentional or predetermined action or omission.
For example, a natural person who deliberately commits a crime....
demonstrative evidence
Demonstrative evidence can be objects, pictures, models, displays, or other devices used in a trial or hearing to support facts that the party is trying to prove. The Federal Rules of Evidence serve as a potential limit to the admissibility of...