Don’t Dodge—Defuse: Use Your Opening Statement to Handle Problem Areas

ThinkstockPhotos-140270511Almost every case has problems—sometimes they are analogous to bombs waiting to drop on your case. The key is whether you show them to the jury and simultaneously defuse them, or whether the opposition drops them with glee. Continue reading

Should You Use Tactical Dismissals?

84215043As plaintiff’s counsel, you always want to analyze how best to present your client’s case in the most efficient and persuasive way. Sometimes doing that means dismissing certain parties or causes of action. But such tactical dismissals aren’t without risk. Here’s a list of questions to ask yourself when deciding whether or not to dismiss. Continue reading

Inadmissible Evidence May Still Get In for a Limited Purpose

78494947It may not be favored by courts or be the parties’ preference, but there’s a place for evidence to be admitted for a limited purpose. It can be seen as either a creative solution to an evidence admissibility problem or a way around the rules, depending on your perspective. Continue reading

5 Things to Do to Prepare for Voir Dire

78724287When next faced with preparing for jury voir dire examination before trial, consider these five practical suggestions. Continue reading

From Website into Evidence

135874637Many 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

They Know Computers But Not How to Help Your Case

183145432When 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

Should You Make an In Limine Motion?

procon_153899206The 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

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