A summary of the developments since publication of the 2016 update follows.
Social Media Evidence
New §3.7A discusses social media evidence and provides commentary on how to prepare for discovery and use of social media evidence in personal injury litigation.
Event Data Recorder (EDR) Evidence
See the new Practice Tip in §3.13 on how to handle event data recorder (EDR) evidence. EDRs are available in many motor vehicles on the road today. The Practice Tip includes a checklist of steps to follow when seeking to access EDR data to avoid spoliation of evidence claims.
Wearable Technology Evidence
See §3.19 for a new Practice Tip that discusses evidence garnered from wearable technology.
The recent case of People v Landrau (2016) 246 CA4th 850, cited in §4.52, is a reminder that although an expert may use a party's medical records to form an opinion about that party's medical condition, the expert may not testify as to what he saw in those records as a way to get that information admitted into evidence.
In People v Garlinger (2016) 247 CA4th 1185, the appellate court held that Kelly is not applicable to new devices, such as cell phones, that implement already established scientific methods. See §5.62.
Two recent cases on excessive force are discussed in §7.1. In People v Brown (2016) 245 CA4th 140, the court summarized civil cases that held expert testimony is not required to support a finding of excessive force, while in People v Sibrian (2016) 3 CA5th 127, the court held that allowing expert testimony on excessive force when necessary is not an abuse of discretion.
See new §§8.3A—8.3B for two checklists, one on pretrial preparation for exhibits and another on offering exhibits into evidence.