Before heading into trial, review this list of trial objections. And keep it handy during trial. Continue reading
The technology used for showing evidence at trial has changed greatly over the years, but the purpose of demonstrative evidence remains unchanged: it breaks the pattern of the trial, clarifies issues, maintains jury interest, and persuades. The challenge for attorneys is to capitalize on new technological resources without causing juror distraction, confusion, and frustration. Here are seven expert tips for meeting this challenge. Continue reading
The following is a guest blog post by Teddy (Theda) Snyder. Ms. Snyder is based in Los Angeles and conducts civil and workers compensation mediations throughout California.
Starting January 1, 2019, attorneys must ask clients to acknowledge in writing that they have been fully informed about the rules of mediation confidentiality. SB 954 amends Evidence Code §1122 and adds §1129 (Stats 2018, ch 350). You can create your own form, but you’ll probably use a version of the “safe harbor” form in §1129.
Can the adverse party require that a witness on direct examination testify to the basis of his or her opinion before stating that opinion? Short answer, no. But there still may be a way to do it. Continue reading
Many attorneys work through their nervousness by beginning their cross examination with taking the witness step by step through previous direct examination testimony. Then they turn to the hard job of true cross-examination. Here’s why you shouldn’t do this. Continue reading
Even when a litigant can’t assert a statutory privilege, private matters may nonetheless be protected from discovery under the constitutional right of privacy. Balancing the privacy interest at stake against the need for discovery has always been a difficult task. But a recent California Supreme Court case, Williams v Superior Court (2017) 3 C5th 531, has clarified the proper analysis to use.
A plaintiff‘s closing argument must focus on linking the plaintiff’s claims to the evidence. However when a jury is involved, you’ll need to do more than that. Here are three tips from expert trial attorneys for an effective closing argument. Continue reading
Summary judgment and summary adjudication motions are the most difficult and time-consuming motions that can be filed with the court. Use this checklist to make sure that you meet the key deadlines. Continue reading
When conducting direct examination of a party or witness, how you ask the questions can be as important as what you ask. Review and apply these five direct examination techniques every time. Continue reading