Evidence

What is Clear and Convincing Evidence?

In many cases in involving the Probate Court, the moving party must present clear and convincing evidence to prevail. But…

4 months ago

Expert Testimony

As an initial proposition, all relevant evidence is admissible. See Federal Rules of Evidence, Rule 402. In 1993, the U.S.…

5 months ago

Medicaid’s payment of medical bills does not bar recovery from negligent party

When an injured party sues someone who negligently injured him or her, one form of damages the injured party may…

1 year ago

Superior Court Review of Georgia ALJ Decision

In ____ v. Brock, Judge Schwall, Fulton County Superior Court), affirmed an administrative law judge's Final Decision as supported by…

2 years ago

Guardianship Evaluation is Admissible Regardless of Stipulation

Guardianship Evaluation In most cases I've been involved in, the evaluator's report is stipulated into evidence or the evaluator is…

2 years ago

Georgia Court of Appeals Revisits the Preponderance-of-the-Evidence Standard

In White v. Stanley (Georgia Ct. App. 10/3/2023), Rhonda White appealed a jury verdict  in favor of the defendants relating…

2 years ago

Handwriting Expert’s Testimony Supported Forgery Claim Regarding Life Insurance Proceeds

In Estate of Hargett v. Brown (Tenn. App. 6/9/2023), the Decedent, Willie Hargett, had separated from his wife, Robbie Hargett.…

2 years ago

What is Undue Influence?

In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to…

2 years ago

Failure to Admit Evaluator’s Report Required Reversal of Conservatorship Order

Ms. Humprey was a hospital patient and the University of Tennessee Medical Center filed a petition for Conservatorship. The petition…

3 years ago

What makes a signature valid in Georgia?

The dictionary definition of "signature" is "a person's name written in a distinctive way as a form of identification in…

3 years ago