Associate Professor Maggie Wittlin joins the Excited Utterance podcast to discuss her recent paper, Meta-Evidence and Preliminary Injunctions, published in UC Irvine’s Law Review.
The courts of appeals have generally said that at least the rule against hearsay doesn’t apply [in preliminary injunctions], and some have said or suggested that other rules of evidence don’t apply as well.
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I think the text of the rules indicates that they should apply… There are some enumerated exception in the rules where they don’t apply, which includes a category for miscellaneous proceedings… And while you could certainly make an argument that preliminary injunctions fall under that miscellaneous proceedings exception, it doesn’t seem to me like the best reading of that rule.