News & Analysis as of

Witnesses

Stange Law Firm, PC

What is hearsay in divorce and family law matters?

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Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more

IMS Legal Strategies

5 Tips for Med Mal Expert Testimony from a Hot Seat Veteran

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As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more

U.S. Legal Support

How to Write an Engaging Opening Statement

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First impressions are crucial—especially when you’re delivering an opening statement to a court of law, establishing and framing the crux of a case for judges and jurors when a trial begins. Clarity, conciseness, resonance,...more

IMS Legal Strategies

Want to Improve Credibility? Embrace Your Witness’s Humanity

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In a commercial dispute involving allegations against a manufacturing plant, plaintiff’s counsel was cross-examining a plant manager....more

IMS Legal Strategies

Adapting Trial Graphics to Jurors’ New Media Expectations

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Trial graphics are instrumental in conveying your story to today’s jurors. Presenting an understandable argument to a jury usually involves technology-driven visual communication in the form of demonstrative exhibits and...more

IMS Legal Strategies

Should Your Gen Z Attorney Be Your Hot Seat Operator?

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Gen Z attorneys are often extremely valuable, hard-working additions to your trial team. We are sure many of our clients would agree, as we worked alongside quite a few truly impressive young trial attorneys....more

Fisher Phillips

Snapshot On Manufacturing Industry: 7 Essential Elements Of A Workplace Investigation

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Welcome to this edition of the FP Snapshot on Manufacturing, where we take a quick look at a significant workplace law issues that can impact manufacturers. This edition will focus on workplace investigations and how...more

Holland & Hart - Your Trial Message

Keep Your ‘Three Hats’ Straight in Witness Prep: Counsellor, Teacher, Coach

When it comes to the delicate task of preparing a witness for deposition or trial, everyone has their own style. It is also true that every witness will have their own needs. Some know the drill already and just need to...more

U.S. Legal Support

Realtime Depositions: Enhancing Legal Proceedings

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Nearly 150 years after Miles Bartholomew introduced the first shorthand machine, the various technologies and tools utilized to record court proceedings and legal matters continue evolving. Today, realtime deposition...more

Holland & Hart - Your Trial Message

The Kamala Harris Challenge: Establish (or Reestablish) Your Credibility: Five Lessons

I have long believed that persuaders of all stripes, including courtroom persuaders, can learn a lot of lessons from political communication. The dialogue over the leadership and direction of the country can be a gold mine:...more

Kohrman Jackson & Krantz LLP

How to Prepare for a Title IX Hearing: Tips and Strategies

You’re sitting in your dorm room (or office), putting the finishing touches on an assignment, when an email from your university’s Title IX office appears in your inbox. As you read it, your heart sinks: a student you briefly...more

Society of Corporate Compliance and Ethics...

[Event] Experienced Investigator Workshop - September 26th - 27th, Grapevine, TX

This two-day interactive workshop is for investigators who already know the basic skills and leaders who supervise an organization’s investigations program. Attendees will engage in expert-led discussions on a wide variety of...more

Marshall Dennehey

Personal Observations of a Police Officer Deemed Lay Testimony

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State v. Rodner, 2024 WL 832307 - The defendant-appellant appealed his conviction for failure to yield the right of way after a trial de novo in the Law Division, arguing that the responding officer provided impermissible...more

Holland & Knight LLP

Cross-Examination: The Three C’s of Impeachment

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small breaks down the "three C's of impeachment," drawing from his experience in a notable grain elevator explosion case. He highlights...more

Esquire Deposition Solutions, LLC

Lawyer “Friend Requests” Are Off-Limits for Deposition Witness Research

This blog post is the first in a series on common ethical challenges that arise when preparing for and conducting depositions. Social media offers such a wealth of details about a person’s circumstances and beliefs that...more

Holland & Knight LLP

Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how to impeach a witness' credibility through prior inconsistent statements. He emphasizes the importance of carefully...more

U.S. Legal Support

Trial Graphics Presentation: Making an Impact

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Just what is it that wins a trial case? It’s not a simple matter of providing a bullet list of facts. The subject matter and fine points of evidence can be complex and difficult to follow, and the trial attorneys rarely have...more

Lathrop GPM

Michigan Court of Appeals Affirms Dismissal of Certain Franchisee Claims Against Franchisor Due to Release of Liability and...

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The Michigan Court of Appeals recently affirmed a trial court’s dismissal of certain claims by franchisees Red Fit, LLC and Cali Red, LLC against franchisor Red Effect International Franchise, LLC based on a release of...more

Butler Snow LLP

Practice Pointers and Potential Pitfalls of a Corporate Deposition

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A corporate deposition authorized by Fed. R. Civ. P. 30(b)(6), and similar state rules[1] is a powerful discovery device with far-reaching implications. Entities served with such a notice face significant burdens to select...more

Holland & Knight LLP

Podcast - Cross-Examination: Don't Argue - Elicit Facts

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains why eliciting facts, not engaging in arguments, is the most effective strategy when cross-examining a witness. He advises...more

U.S. Legal Support

Creating an Expert Deposition Summary

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When preparing for trial, depositions play a foundational role, critical to the discovery phase. After the deposition, having a succinct, accurate deposition summary is a strategic component of developing and refining case...more

Mandelbaum Barrett PC

Two Steps Forward and One Step Back for Me Too Movement

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The reversal of the 2020 rape conviction of Harvey Weinstein was a major blow to the Me Too Movement his conduct helped start. Whether New York’s highest court was correct in its 4 to 3 decision will nevertheless force the...more

Stange Law Firm, PC

How deposition objections work

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Depositions are expected in divorce or family law matters. All sorts of witnesses may be deposed. Depositions of the parties themselves are usually expected. Further, the deposition of third-party witnesses or expert...more

Holland & Hart - Your Trial Message

Witnesses, Know What You Don’t Know: Six Principles for Your “I Don’t Recall” Answer

Michael Cohen, the “Fixer” for Donald Trump, has recently gotten off the stand in the former President’s “hush money” trial. Those taking aim at Cohen’s testimony have pointed out frequent use of “I don’t recall” on many of...more

EDRM - Electronic Discovery Reference Model

An Epilog: 4 Things You Never Wanted to Hear + 8 Lessons & a Dispute Over Revealing Recipients of Litigation Hold Notices, All in...

I have posted five blogs – – with links below – – on In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293 (N.D. Cal. Feb. 20, 2024), subsequent opinion, 2024 WL 1808607 (N.D....more

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