Posted on November 21, 2016 by Julie Brook, Esq.
Business records aren’t just text documents—they often include videos and other images that are digitally stored. Getting printouts of these images into evidence is just like any other business record evidence, but showing authenticity may require some tech knowledge. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissibility, admitting evidence at trial, authenticity, business records exception, electronic evidence, hearsay, trial attorney, trial evidence | 1 Comment »
Posted on November 14, 2016 by Julie Brook, Esq.
How do you object in trial without being objectionable to the jury? Perhaps it’s impossible: A jury naturally resents the attorney who constantly leaps up and breaks the flow of information. But there are a few ways to make yourself less objectionable to the jury. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: jury, objecting to testimony, objections to evidence, questioning a witness, trial, trial objections, trial skills, witness testimony | 2 Comments »
Posted on October 28, 2016 by Julie Brook, Esq.
Trump’s attorneys are using a motion in limine to keep what’s been going on with his presidential run away from the jurors in the class action against him related to Trump University. This is just the type of situation a motion in limine is perfect to address. Indeed, the greatest value of in limine motions lies in a party’s ability to confront prejudicial evidence before it’s presented at trial and comes to a jury’s attention. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Pretrial Matters | Tagged: demand for jury trial, Donald Trump, evidence, excluding evidence, motion in limine, pretrial motions, Trump University | 1 Comment »
Posted on October 5, 2016 by Julie Brook, Esq.
A 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
Filed under: Civil Litigation, Discovery, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: deposition, deposition transcript, impeaching a witness, introduction of evidence, trial, trial evidence, witness | 3 Comments »
Posted on September 7, 2016 by Julie Brook, Esq.
You 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
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: cross-examination, expert witness, opposing expert, questioning a witness, trial, trial attorney, trial skills, witness examination | 2 Comments »