The “Opening the Door” Fallacy

200368976-001It is a popular fallacy that if testimony is given on a subject during direct examination, this will “open the door” to unrestricted cross-examination about that matter; making evidence admissible that would otherwise be inadmissible. This is actually only true in certain limited circumstances. Continue reading

Like Steve Jobs, Unavailable Witnesses Can Still “Appear” at Trial

451334569In 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

What to Do about an Incompetent Interpreter

455104761A witness who would otherwise be incompetent because he or she can’t understand or speak English can be made effectively competent by using an interpreter. But what happens when the interpreter is accused of being incompetent? Continue reading

Excusal Remorse: I Want That Witness Back!

witness_78724356Trial attorneys sometimes get excusal remorse, i.e., they excuse a witness and then want to recall that witness back to the stand. Anticipate this reaction and take proaction. Continue reading

When a Witness Has Selective Memory

187065476Some witnesses have a crystal clear memory about events unfavorable to your client, but express sweeping memory loss on other contemporaneous events. Here’s how to attack such selective memory. Continue reading

Prepping Your Client for Cross-Examination

witness_158992082Most cases are won by witnesses and evidence, not by attorneys. Preparing your client to tell his or her own story effectively is an important aspect of trial and can make your case. Continue reading

That’s Not What You Said in Your Depo

mouth_94175022What do you do when a witness says one thing during his or her deposition and a very different thing when on the stand at trial? Impeach! Continue reading

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