Snapchat as Evidence

snapchat-picSeveral years ago we told you to consider Facebook postings as evidence in legal cases. This is still true, but now there are many more social media platforms to consider. Snapchat in particular has become a fertile source of evidence not to be overlooked. Continue reading

10 Steps to Impeaching a Witness with Prior Depo Testimony

steps_78288477A witness’s deposition can be used for impeachment (i.e., to attack the witness’s credibility) by showing that the testimony on the stand isn’t consistent with the deposition testimony or “for any other purpose permitted by the Evidence Code.” CCP §2025.620(a). The quoted language permits the deposition to be used to show both prior inconsistent statements (Evid C §1235) and prior consistent statements (Evid C §1236).  Next time you have depo testimony that will impeach a witness, follow these 10 steps. Continue reading

The Best Way to Attack an Opposing Expert

57277978You rarely want to attack an opposing expert witness directly. Your best bet during cross-examination is to use peripheral or tangential ways of assailing the expert’s views. Continue reading

8 Tips for Every Cross-Examination You Do

ThinkstockPhotos-57280447Your approach to cross-examination will vary depending on the “type” of witness being examined, e.g., the hostile witness, the flippant witness, the timid witness, or the sympathetic and truthful witness. But regardless of which type you’re dealing with—which can even change during your examination—there are some universal principles of cross-examination that apply in any situation. Continue reading

What’s a Timely Objection?

clock_92572588Objections to evidence at trial must be “timely made.” Evid C §353(a). But what does that actually mean? Continue reading

4 Ways to Attack Expert Testimony

ThinkstockPhotos-502890083You can always object to the opposing expert’s qualifications or the information on which he or she relied, but don’t forget about using these foundational attacks on an expert’s testimony. Continue reading

Dead Man Talking

ThinkstockPhotos-480320363When there’s a suit involving someone’s estate, can you get into evidence a hearsay statement by the person who has died? If the statement falls under this exception to the hearsay rule, the dead person may have his or her say in court. Continue reading

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