Warn Your Expert Against Writing

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

8 Ways to Combat Objections

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

13 Routinely Helpful Cross-Examination Questions

thinkstockphotos-471597352 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

How to Prepare a Trial Outline

ThinkstockPhotos-459334539Heading to trial? Start your planning by preparing a trial outline. Here are the key things to include and a sample outline to give you an idea how it looks. Continue reading

4 Steps to Deciding How and When to Present Evidence

Your objective is to determine how and when to present each witness, exhibit, and other item of evidence most persuasively during trial. The key to meeting this objective is breaking it down into these four steps. Continue reading

4 Tips to Get the Jury Excited About Your Expert

thinkstockphotos-537972277Don’t treat the qualification of your expert as a mere formality. The expert’s qualifications should convince jurors that they’re fortunate to have someone as qualified as the expert to assist them in deciding the case and that your expert is better qualified than the opposing one. Continue reading

Getting Printouts of Digital Images into Evidence

printerBusiness 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

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