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 | Leave a comment »
Posted on January 28, 2015 by Julie Brook, Esq.
When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about the evidence. Such experts know all about electronic devices and data storage and retrieval, but they don’t necessarily know how to clearly relay that knowledge. It’s up to you to prepare your computer forensics expert to testify effectively. Continue reading
Filed under: Business Law, Civil Litigation, Criminal Law, Evidence, Legal Topics | Tagged: computer forensic expert, corporate crime, digital forensics, digital investigator, electronic evidence, expert witness, trial | Leave a comment »
Posted on January 14, 2015 by Julie Brook, Esq.
The next time you’re deciding between excluding evidence via a motion in limine or taking your chances at trial, make sure to review this chart of the pros and cons of motions in limine. Continue reading
Filed under: Evidence, Litigation Strategy, Pretrial Matters | Tagged: excluding evidence, motion in limine, pretrial motions, trial | 1 Comment »
Posted on December 10, 2014 by Julie Brook, Esq.
In the trial of an antitrust case against Apple, Steve Jobs will come back to life as a key witness—if only in the form of his videorecorded deposition. Continue reading
Filed under: Civil Litigation, Discovery, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: antitrust lawsuit, Apple, deposition, evidence, Steve Jobs, testimony, trial, unavailable witness, video recording | 1 Comment »
Posted on November 24, 2014 by Julie Brook, Esq.
With court time and patience at a premium, it may be best to introduce an edited version of a video recording into evidence instead of the whole—possible very long—version. But before you do this, you’ll have to authenticate your truncated video. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admission of evidence, authentication, edited video evidence, evidence, stipulation, trial, trial exhibit, video recording | 3 Comments »
Posted on November 17, 2014 by Julie Brook, Esq.
The following is a guest blog post by Jeff Bennion, a solo practitioner in San Diego who specializes in personal injury and consulting on e-discovery and litigation technology.
A good cross-examination should come off as scripted. California Evidence Code §767(a)(2) allows for leading questions on cross-examination, and a good trial attorney should lead the witness through the narrative using only questions that he or she knows the answer to. But things don’t always go according to plan. When a witness gives an answer that you did not expect or that is contrary to what you learned in discovery, you need to have a plan for showing your impeachment evidence to the jury. Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: Adobe, cross-examination, PowerPoint, technology, trial, trial presentation software, trial technology, witness, witness examination | 4 Comments »
Posted on September 22, 2014 by Julie Brook, Esq.
In limine motions are a great litigation tool—they get evidence admitted or excluded before it’s even offered. You’ve probably been advised to use them whenever appropriate. But opposing counsel also will have received this advice and will use them against you. Here’s how to respond to opposing counsel’s in limine motion. Continue reading
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: evidence, excluding evidence, litigation, motion in limine, pretrial motion, trial | 2 Comments »