Posted on January 18, 2017 by Julie Brook, Esq.
When considering whether to move for summary judgment or summary adjudication, always assess whether there are better procedures available for narrowing the issues or terminating the litigation. Keep the following chart handy to help you compare summary judgment and adjudication motions with alternative dispositive motions available under California law. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, New Lawyers, Pretrial Matters | Tagged: demurrer, dispositive motions, motion to strike, pretrial motion practice, summary adjudication, summary judgment | 2 Comments »
Posted on January 13, 2017 by Julie Brook, Esq.
The most important concept to remember in organizing your statements to the jury, whether during opening statement or closing argument, is the “rule of primacy”: Jurors tend to believe what they hear first and most frequently. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: closing argument, Jury trial, opening statement, rule of primacy, trial attorney | 1 Comment »
Posted on January 9, 2017 by Julie Brook, Esq.
When a witness can’t understand or communicate in English, you need to get an interpreter. Evid C §752(a). It’s not as simple as just finding someone who speaks the same language as your witness. But getting the right interpreter is much easier if you follow these four tips. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: court interpreter, deposition, translator, trial, witness | 6 Comments »
Posted on January 4, 2017 by Julie Brook, Esq.
“[T]he dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Cal Rules of Ct 3.1332(a). But things come up, and attorneys sometimes need to request a continuance of the trial date. Here’s how it’s done. Continue reading
Filed under: Litigation Strategy, New Lawyers, Pretrial Matters | Tagged: continuing the trial date, ex parte application, motion for a continuance, trial attorney, trial calendar, trial date continuance | 3 Comments »
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 »