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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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Civil Litigation Criminal Law Evidence Legal Topics

What to Include in an Expert Retention Agreement

It’s always best to put your fee agreement with an expert into writing. Here are the most important provisions to include in an expert retention letter agreement.

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Evidence Legal Topics

These Statements Aren’t Hearsay, Even If Admitted for Their Truth

There are several types of statements that, although sought to be admitted in evidence for their underlying truth, aren’t considered hearsay. This means you can get them into evidence and no hearsay exception need apply.

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Civil Litigation Criminal Law Legal Topics Litigation Strategy Pretrial Matters

6 Sources to Use When Preparing Voir Dire Questions

As you work on your questions to ask the jurors during voir dire, consider these six sources for ideas.

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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.

Categories
Civil Litigation Evidence Legal Topics Personal Injury Tort Law

The Benefit of an Effective Medical Expert: More Money

get bigger verdict when using effective medical expert witnessThere’s a definite correlation between the size of personal injury verdicts and the effectiveness of testimony by medical experts. Well-prepared and well-presented medical testimony carries weight and convinces triers of fact. The recent $289 million verdict against Monsanto may be an example.

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Evidence Legal Topics Litigation Strategy Trial Strategy

4 Things Expert Witnesses Should Read Before Trial

In addition to the file materials used in preparing for deposition—and that should be reviewed again for trial—there are at least four types of written materials that every expert witness should carefully read and analyze before testifying at trial.