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

11 Steps to Introducing Exhibits at Trial

steps_78288477If 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

9 Steps to Getting Business Records into Evidence

steps_78288477You 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

Emojis in Evidence

ThinkstockPhotos-496854082Text messages and emails—common forms of evidence in most cases—increasingly include nonverbal aspects such as emojis (or emoticons, as these symbols are sometimes called). This introduces a myriad of issues with regard to interpretation. And the courts are just starting to deal with it.

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