Author Archives: Misty Ewegen

About Misty Ewegen

I am a writer, a jeweler, and a Spoonie. Before becoming a Spoonie I was a very busy high achieving attorney and advocate bent on saving the world. Now I'm struggle to redefine my life to fit within my reduced energy level. Some days are better than others. I have fibromyalgia and chronic daily migraine.

Expert testimony…

Studying the rules of evidence is one thing, applying them in the real world is another. Law students and lawyers read the rules and memorize the rules until they can cite them in their sleep, yet we still fail to utilize them … Continue reading

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4 Exceptions to Hearsay (803)

You are defending a Father accused of child abuse.  Social Services has brought a case against him based on the fact that he burned his son with coffee at breakfast one morning.  Social services has the evidence of the burn … Continue reading

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Evidence study guides

I have been thoroughly enjoying my foray into electronically stored information and the intersection between technology and the law.  I am thrilled to report I will be offering Evidence study guides online for students preparing for the BAR exam, in … Continue reading

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Free CLE in your office!

Originally posted on Understanding ESI, E-Discovery, and Forensics:
Forensic Pursuit is pleased to announce that we are once again offering our one hour in-house CLE on E-Discovery and Computer Forensics. Our experts will join your team in the comfort of…

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Why is Data Mapping so important…and by the way, what is it?

Originally posted on Understanding ESI, E-Discovery, and Forensics:
By Misty Ewegen and Henry Berman “Discovery is, under the Federal Rules of Civil Procedure, intended to be a transparent process.“  Brown v. Tellermate Holdings, Ltd., No. 2:11-cv-1122, 2014 WL 2987051 (S.D. Ohio…

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Hearsay: Statements which are not hearsay 801(d)(1) and (2).

Hearsay is a complicated area of evidence. In order to understand hearsay and use it appropriately in court you must know three things: What it hearsay, what are the exceptions to hearsay, and what isn’t hearsay (a.k.a. Non-Hearsayor Not-Hearsay).  F.R.E.801(d)(1) … Continue reading

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Hearsay

My law professor once said that Lawyers are the mages of the modern day because we use archaic language to draw forth the coersive powers of the State. Most students of the law enter school believing they will be taught … Continue reading

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