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 »
Your 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
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: cross-examination, evidence, examining a witness, questioning a witness, trial, witness | 2 Comments »
Objections to evidence at trial must be “timely made.” Evid C §353(a). But what does that actually mean? Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissibility, evidence, inadmissible evidence, objecting to question, objecting to witness response, trial attorney, trial objections, witness testimony | 2 Comments »
You 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
Filed under: Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: evidence, expert testimony, expert witness, foundational attack, opposing expert, trial | 1 Comment »
When 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
Filed under: Evidence, Legal Topics | Tagged: admissibility, evidence, exceptions to hearsay rule, hearsay, statements by decedent | 2 Comments »
If it’s your first trial or it’s been a while since you’ve tried a case, here’s a handy list of the steps to take when introducing your evidence at trial. Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: admissibility, evidence, exhibits, introducing evidence, trial, trial exhibits | 2 Comments »
You know you can get business records into evidence under an exception to the hearsay rule, but you’re not exactly sure how to do it. It’s simply a mechanical process—just get your witness on the stand and follow these nine steps. Continue reading
Filed under: Evidence, Legal Topics, Litigation Strategy, New Lawyers, Trial Strategy | Tagged: admissibility, business records exception, hearsay, testimony, trial evidence, witness | 4 Comments »
