You offer evidence at trial and opposing counsel jumps up and objects. Maybe you expected that particular objection, maybe not. But a well-prepared attorney always has responses to objections ready. (more…)
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: evidence, judge, jury, trial, trial objections | 2 Comments »
If a picture is worth a thousand words, then a motion picture is potentially worth much more. When used sparingly, getting a movie before the jury at trial can add a sense of reality, clarity, and drama to the evidence. (more…)
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissibility, authentication, demonstrative evidence, evidence, jury, motion pictures, movies | Leave a Comment »
Not only is an exhibit log an invaluable trial organizational tool for you, but you’ll score points with the court clerk if you provide him or her with one. Here’s how to create an impressive exhibit log. (more…)
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy, Young Lawyers | Tagged: demonstrative evidence, evidence, exhibit log, trial, trial exhibit | Leave a Comment »
The courts are often asked to consider evidence based on cutting edge science and technology, but how is a court to know whether the evidence is sufficiently reliable to make it admissible? That’s where the 3-pronged Kelly rule comes into play. When a novel scientific technique is potentially being used as evidence in your case, gear up for a Kelly hearing. (more…)
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics | Tagged: admissibility, evidence, expert witness, Kelly rule, Kelly/Frye, novel scientific technique, scientific evidence | 2 Comments »
One of the most important aspects of trial is determining how and when to present each witness, exhibit, and other item of evidence most persuasively. Here are some helpful ideas and ten questions to ask yourself when deciding how and when to present evidence at trial. (more…)
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy | Tagged: evidence, exhibits, introducing evidence at trial, trial preparation, witnesses | 5 Comments »
To smell is not the same as to see. At least that’s what a California court of appeal recently concluded when it rejected the validity of a warrantless search of a Fed Ex package based on the smell of marijuana alone. (more…)
Filed under: Criminal Law, Evidence, Legal Topics, New Legal Developments | Tagged: marijuana, plain smell, plain view doctrine, police officers, search and seizure, warrant, warrantless searches | 6 Comments »
Electronically stored information is so easy to alter or delete without a trace, which is particularly challenging when that information is evidence in a lawsuit. How do you make sure that this virtual evidence stays put? (more…)
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy | Tagged: duty to preserve, electronically stored information, evidence, preservation of evidence, spoliation | 2 Comments »
The execution of Troy Davis in Georgia has again raised serious concerns about the reliability of eyewitness testimony. That case, along with the U.S. Supreme Court’s acceptance of a case involving eyewitness identification, indicates that the time may be right to reconsider this controversial form of evidence. (more…)
Filed under: Criminal Law, Evidence, Legal Topics | Tagged: death penalty, eyewitness testimony, eyewitnesses, Innocence Project, Troy Davis | 1 Comment »
What can happen if you don’t authenticate text messages and then use them as crucial evidence in your case? A total disaster! (more…)
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics | Tagged: admissibility, authentication, evidence, hearsay, introducing evidence, text messages, trial | 2 Comments »
Question: True or False? To get a business record admitted into evidence under the business-records exception to the hearsay rule, you must show that the person who made the record is “unavailable as a witness.” And the answer is…
Filed under: Civil Litigation, Evidence, Legal Topics | Tagged: admissibility, business records, business records exception, evidence, hearsay rule | 2 Comments »
