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 | Leave a comment »
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 | 2 Comments »
Posted on October 29, 2014 by Julie Brook, Esq.
Certain things that happen during trial may be so improper and prejudicial that they deprive a party of the right to a fair trial. That’s when counsel may move for a mistrial. But just because you can doesn’t mean you should. Like everything else at trial, whether to move for mistrial is a tactical decision. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: Jury trial, mistrial, procedural irregularities, right to fair trial | 2 Comments »
Posted on October 6, 2014 by Julie Brook, Esq.
When you start eliciting testimony on your expert witness’s qualifications, the other side may offer to “waive the testimony concerning qualifications” or concede that the witness is specially qualified to testify as an expert. It may seem like a gift horse—but it’s often a Trojan horse. Continue reading
Filed under: Litigation Strategy, Trial Strategy | Tagged: concede expert qualifications, evidence, expert witness, expert witness qualifications, Jury trial, offer to concede, trial, trial witness | Leave a comment »
Posted on September 17, 2014 by Julie Brook, Esq.
Most of us think about hearsay in connection with facts that are expressly stated. But an out-of-court statement that’s offered to prove the truth of the facts implied by the statement is also hearsay and inadmissible unless an exception applies. You may not have heard the term implied hearsay, but you’ve likely encountered it. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissible evidence, attorney, court, evidence, exceptions to hearsay rule, hearsay, implied hearsay, inadmissible evidence, trial | 1 Comment »
Posted on August 27, 2014 by Julie Brook, Esq.
Attorneys risk expert contamination when they provide information to an expert about a case. Although you need to discuss the case candidly and openly with your expert, you don’t want to contaminate the expert with information on the case’s weaknesses and problems. Five simple rules will help you minimize the risk of unnecessarily imparting harmful information to your expert. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney work product, attorneys, consultants, expert advice, expert witnesses, litigation, privilege, trial, witness preparation | 2 Comments »