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
Based on public policy considerations, some types of potentially relevant evidence can’t be used at trial. One example is subsequent remedial or precautionary measures taken after an accident or other event, which, if it had been done before the event, would have tended to make it less likely to happen. Evid C §1151. Repairs and fixes can’t be used against a defendant unless it fits within an exception to the rule. Continue reading
Many attorneys mistakenly believe that answers to interrogatories and requests for admission are automatically in evidence after they’re lodged with the court. Not so! First, you’ve got to formally introduce them into evidence.
One of the most important aspects of trial is determining how and when to present each witness, exhibit, and other item of evidence most persuasively. Here are some helpful ideas and ten questions to ask yourself when deciding how and when to present evidence at trial. Continue reading