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Evidence Litigation Strategy Trial Strategy

Do You Need an Expert to Spot Insanity?

The general rule is that you need an expert witness to testify when the subject is “sufficiently beyond common experience that the opinion of that expert would assist the trier of fact.” Evid C §801(a). When it comes to a person’s sanity, you don’t always need an expert.

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Evidence Legal Topics Litigation Strategy Trial Strategy

The Danger of Refreshing Recollection

Sometimes a witness needs documents to refresh his or her recollection. This can lead to a tough choice for attorneys.

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Evidence Legal Topics Litigation Strategy Trial Strategy

Do You Know When to Request a Sidebar?

After a party objects to the admission of evidence, the proponent of the evidence can respond by arguing that the objection doesn’t apply or isn’t valid, or that the evidence is admissible because of an exception to the ground stated in the objection. Where that argument is made can make a big difference—should you argue in open court or in a sidebar conference?

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Evidence Legal Topics Litigation Strategy Trial Strategy

8 Ways to Make Calling Witnesses More Dramatic

As a trial attorney, never forget your role as director of the courtroom play. Consider these staging decisions when it comes to calling witnesses.

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Litigation Strategy Trial Strategy

Don’t Do These 4 Things During Your Closing Argument

The permissible scope of counsel’s closing arguments before a jury is broad, but there are limits. Here are 4 things that tread into improper territory.

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Evidence Legal Topics Litigation Strategy Trial Strategy

How to Rehab Your Witness

What can you do if your witness’s truthfulness has been challenged? Use evidence of the witness’s prior consistent statement to rehabilitate your witness. Here’s how it’s done.

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Evidence Legal Topics Litigation Strategy Trial Strategy

7 Questions to Answer Before Using Opinion Character Evidence

There are situations in which you may want to introduce opinion character evidence at trial. But before you use a character witness in a civil case, ask yourself the following questions.

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Evidence Legal Topics Litigation Strategy Trial Strategy

9 Things to Tell Your Witness Before Cross-Examination

Part of preparing your witnesses for trial testimony includes preparing them to be cross-examined. Witnesses often worry that trick questions will make them say the wrong thing or that they’ll be made to look foolish. Tell them the following and they’ll be ready to handle any cross-examination.

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Evidence Litigation Strategy Trial Strategy

How to Control an Expert Witness

As with all witnesses, you must be able to control an expert witness during cross-examination. But many experts with experience in testifying treat cross-examiners like presidential candidates deal with the press: they ignore the question asked and answer the question they prefer. Here’s how to keep experts under your control.

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Civil Litigation Legal Topics Litigation Strategy Trial Strategy

3 Tips for Plaintiff’s Closing Argument

plaintiff's lawyer talking to jury during closing argumentA 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.