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Evidence

The following are digests and links to Circuit Court Admiralty Cases that have as an issue evidence:

Certain Underwriters at Lloyd's v. Sinkovich
Fourth Circuit Court of Appeals
November 2, 2000

Experts: underwriters' marine surveyor who was not identified as an expert witness in response to discovery demands could not testify as an expert at trial, only as a lay witness; the District Court erred in allowing the marine surveyor, who had no personal knowledge of the events in question, to answer hypothetical questions and generally give his opinion in an expert manner, rather than as normal person would based upon first-hand perceptions; Evidence: the District Court also erred in admitting the marine surveyor's report as a business record since it was prepared in anticipation of litigation and consequently lacked the requisite trustworthiness.

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