Posted on August 24, 2015 by Julie Brook, Esq.
The basic rule is that, if you don’t make a timely objection before or when objectionable matters are mentioned or introduced, you may not be able to raise the issue on appeal. See Evid C §353. Accordingly, if you don’t ensure that a proper record is made of any adverse ruling to a motion in limine, you may just have lost a ground for appeal. Here’s how to preserve the ground for appeal when you’re on the losing end of a motion in limine. Continue reading
Filed under: Appeals, Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy | Tagged: admission of evidence, appeals, exclusing evidence, motion in limine, record on appeal | Leave a comment »
Posted on August 10, 2015 by Julie Brook, Esq.
Trade secrets are not necessarily outed in litigation. There’s a conditional privilege that protects owners of trade secrets from being forced to spill their secrets. Continue reading
Filed under: Business Law, Civil Litigation, Evidence, Intellectual Property, Legal Topics | Tagged: confidential information, evidence, litigation, privileges, trade secret privilege, trade secrets | Leave a comment »
Posted on July 1, 2015 by Julie Brook, Esq.
The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and client is protected. Do you know what’s not covered? Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics | Tagged: attorney-client privilege, confidential communications, discovery, pretrial, protected from disclosure | Leave a comment »
Posted on March 20, 2015 by Julie Brook, Esq.
An episode of This American Life described the failed effort to get a Tic-tac-toe-playing chicken into evidence in the death penalty case of a mentally ill man with a very low IQ. Defense counsel was trying to rebut a psychiatrist’s testimony that the defendant was aware he was going to be executed based on his beating her in a game of Tic-tac-toe. We’ll never know who would have won the game; the court refused to admit the chicken because it “would degrade the dignity of the court.” Although the chicken didn’t work out, demonstrative evidence can be a very powerful courtroom tool. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissibility, demonstrative evidence, evidence, jury, trial attorney, trial presentation, trial tips | 5 Comments »
Posted on March 4, 2015 by Julie Brook, Esq.
It may not be favored by courts or be the parties’ preference, but there’s a place for evidence to be admitted for a limited purpose. It can be seen as either a creative solution to an evidence admissibility problem or a way around the rules, depending on your perspective. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissibility, evidence, jury, limited admissibility, limited purpose, limiting instruction, trial | Leave a comment »
Posted on February 4, 2015 by Julie Brook, Esq.
Many courts view the content of Internet websites with skepticism, or as one court put it, the Internet is a “large catalyst for rumor, innuendo, and misinformation.” Lorraine v Markel Am. Ins. Co. (D Md 2007) 241 FRD 534, 555 n30. Watch out—this attitude might impact your efforts to authenticate and get website postings into evidence. Continue reading
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy | Tagged: admission of evidence, authentication, evidence, introduction of evidence, trial, webpage, webpage printout, website | 2 Comments »