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Evidence Legal Topics Litigation Strategy Trial Strategy

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.

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Litigation Strategy Trial Strategy

The “Opening the Door” Fallacy

200368976-001It is a popular fallacy that if testimony is given on a subject during direct examination, this will “open the door” to unrestricted cross-examination about that matter; making evidence admissible that would otherwise be inadmissible. This is actually only true in certain limited circumstances.

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Evidence Legal Topics Litigation Strategy Trial Strategy

Ever Heard of Implied Hearsay?

101771660Most of us think about hearsay in connection with facts that are expressly stated. But an out-of-court statement that’s offered to prove the truth of the facts implied by the statement is also hearsay and inadmissible unless an exception applies. You may not have heard the term implied hearsay, but you’ve likely encountered it.