3 Ways to Improve Trial Pacing

78724287One of the cornerstones in trying a good case is pacing. The attorney who proves everything proves nothing. It’s imperative that your case be pared down to its essential elements and presented concisely. Continue reading

How to Authenticate a Social Media Post

493533923Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper authentication. Here’s how it’s done with social media posts.

 

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Prepare Your Expert to Testify: A Checklist

533402213Whenever you have retained an expert witness to testify in your case—whether in deposition or at trial—you need to prepare yourself and the expert. Don’t just sit back and assume that the expert, who many have testified many times before, has it all worked out. You need to be up to speed on his or her testimony and to make sure the expert has enough information to be effective. Continue reading

Can You Use Evidence of Repairs Made After the Fact?

ThinkstockPhotos-481130954Based on public policy considerations, some types of potentially relevant evidence can’t be used at trial. One example is subsequent remedial or precautionary measures taken after an accident or other event, which, if it had been done before the event, would have tended to make it less likely to happen. Evid C §1151. Repairs and fixes can’t be used against a defendant unless it fits within an exception to the rule. Continue reading

Lost on a Motion in Limine? Make Your Record!

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

Need to Protect Trade Secrets in Litigation? There’s a Privilege for That

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

A Photo Is Still a Photo, Even on Social Media

ThinkstockPhotos-503803495A recent case made headlines simply because it involved Instagram. Don’t be fooled by the hype—new technologies don’t always require new law. A photo is a photo regardless of where it appears, and its admissibility is based on the same law whether it’s a photo taken on a camera or one posted on the hottest new social media website. Continue reading

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