Posted on June 21, 2017 by Julie Brook, Esq.
One of the key parts of liability testimony in a car accident case is the chronology of the accident: the parties’ conduct before the impact, the impact, and conditions after impact. The parties are most likely to dispute the first part, making the car’s “black box” a potentially helpful source of evidence (but with its own pitfalls). Continue reading →
Like this:
Like Loading...
Filed under: Evidence, Legal Topics, Personal Injury, Tort Law | Tagged: black box, car accident, car collision, car crash, EDR, electronic data recorder, electronic evidence, vehicle software | Leave a comment »
Posted on May 31, 2017 by Julie Brook, Esq.
Despite the political rhetoric, public confidence in scientists has “remained stable for decades.” You can bring this confidence into the courtroom through expert testimony based on the scientific method, i.e., physical observation and testing, not just untested hypotheses. Experts should be “hands on” when it comes to collecting and investigating physical evidence. Continue reading →
Like this:
Like Loading...
Filed under: Evidence, Legal Topics | Tagged: expert testimony, expert witness, scientific evidence, scientific method, trial preparation, witness preparation | 1 Comment »
Posted on May 17, 2017 by Julie Brook, Esq.
There are times you want to offer former testimony against a party to a former proceeding or against a party at the current trial who wasn’t a party to the former proceeding. There’s a hearsay exception for that, and here’s how you use it. Continue reading →
Like this:
Like Loading...
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admitting evidence at trial, evidence, former testimony, hearsay exception, trial, trial attorney | 2 Comments »
Posted on May 3, 2017 by Julie Brook, Esq.
When it comes to testifying, the first and most fundamental rule is to tell the truth. In addition to the obvious reasons, it’s hard to trick or trap someone who’s telling the truth about everything. But sometimes witnesses are afraid to admit to mistakes or biases and inadvertently appear less than honest. Continue reading →
Like this:
Like Loading...
Filed under: Business Law, Civil Litigation, Evidence, Litigation Strategy, Trial Strategy | Tagged: honesty, preparing a witness, tesifying witness, testimony, trial, trial attorney, truthfulness, witness | 2 Comments »
Posted on April 19, 2017 by Julie Brook, Esq.
Although in the “real world” scientists changing their minds may be the badge of intellectual honesty, in litigation the expert who backs away from a position or changes an opinion is supplying the opposition with a source of impeachment. Any time the expert makes a written record of his or her thoughts or opinions, the opposition gets a “paper trail” of potential impeachment material. To avoid this, tell your expert to keep writing to a minimum. Continue reading →
Like this:
Like Loading...
Filed under: Evidence, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: attorney, deposition, expert witness, impeaching a witness, preparing expert witness, trial | Leave a comment »
Posted on April 7, 2017 by Julie Brook, Esq.
A proponent of evidence can counter anticipated objections with a motion in limine before trial starts, but usually counsel counters objections to evidence after the opponent objects at trial. Here are eight ways to do it. Continue reading →
Like this:
Like Loading...
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissible evidence, jury, motion in limine, objections, offer of proof, trial attorney, trial objections | Leave a comment »
Posted on March 10, 2017 by Julie Brook, Esq.
There are some questions that are virtually always safe to ask during cross-examination and often elicit pleasantly surprising answers. Consider asking these questions on your next cross—they could make all the difference. Continue reading →
Like this:
Like Loading...
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: cross-examination, questioning, questions, trial, trial attorney, witness | 1 Comment »
One of the key parts of liability testimony in a car accident case is the chronology of the accident: the parties’ conduct before the impact, the impact, and conditions after impact. The parties are most likely to dispute the first part, making the car’s “black box” a potentially helpful source of evidence (but with its own pitfalls). Continue reading 
