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Revisiting the Dying Declaration Exception

life and death; dying declarant must believe death is imminentThe “dying declaration” exception to the hearsay rule just jumped from law school textbooks onto California newspapers: A young woman who was stabbed and bleeding told officers about who had assaulted her shortly before she died, leading to the arrest of two suspects. It’s time to review what’s required to meet this hearsay exception. Continue reading

How to Put Partial Evidence in Complete Context

When evidence presented during direct examination is distorted by being taken out of context, you can counteract that distortion by invoking the rule of completeness. Continue reading

FAQs about Redirect Examination

After the other side has had a chance to cross-examine your witness, you get another bite at the apple—redirect examination. Knowing when and how to do redirect is key. Continue reading

5 Tips for Crafting a Clear Opening Statement or Closing Argument

Clarity is key. To be persuasive, the meaning of opening statements and closing arguments must be clear to the jury. Here are five tips for attaining clarity, with illustrative examples for each. Continue reading

What Expert Attorneys Do During Direct Examination

How the attorney and witness appear to the jury can be as important as the words that are spoken. Here are four tips from expert trial attorneys that will make your direct examination more effective regardless of what you ask the witness. Continue reading

How to Cross-Examine with Inconsistent Depo Testimony

A witness on the stand has made a statement that’s inconsistent with his or her earlier deposition testimony and has committed to the inconsistency. As the cross-examining attorney, how should you handle it? Continue reading

Do You Need an Expert Witness, and If So, What Type?

Retaining an expert witness is expensive and may not be necessary in every case. Don’t try to keep up with the Jones & Jones firm: Just because the other side has an expert or because experts have traditionally been used in similar cases doesn’t mean you need one. And if you decide you do need an expert, make sure it’s the best type for your case. Continue reading

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