Tag Archives: rules of civil procedure

When bifurcation makes sense, and why

Prior to Jan. 1, 2010, the power to bifurcate a civil trial was not conferred by any statute or found under the Rules of Civil Procedure, but was based on the court’s inherent jurisdiction to control its own process, writes Shaw. The amendment then came into force, changing the rules so they included a specific provision for separate hearings, which reads: “With the consent of the parties, the court may order a separate hearing on one or more issues in a proceeding, including separate hearings on the issues of liability and damages.” Continue reading

How to Best Leverage the Use of Surveillance and Investigation in Court Part 3

This is the final post in our series of “How to Best Leverage the Use of Surveillance and Investigation in Court”. In the previous posts we discussed obligations regarding the surveillance and investigative material before , during and after examinations, and before trial. In this blog post you will learn the final steps of using surveillance at trial.

USE OF SURVEILLANCE AT TRIAL

1. Using Privileged documents as Substantive Evidence

If a defendant wishes to use surveillance or investigative material as substantive evidence at trial, the defendant must comply with Rule 30.09, which sets out strict procedural requirements.  Continue reading