Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Podcast - Refresh vs. Impeach: Know the Difference
The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
Podcast - Cross-Examination of Expert Witnesses
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Cross-Examination: Finding Control
DE Under 3: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Cross-Examination: Asking the Right Leading Questions
Podcast - Cross-Examination: The Importance of Organization
Understanding When to Cross-Examine
Podcast - Cross-Examination: Basic Approaches
The "Why" of Cross-Examination
Basic Points to Consider in Redirect Examination
Direct Examination: Offering Exhibits
Courts across the country are temporarily suspending jury trials amid the Omicron variant wave. Prior to that surge, many jurisdictions had resumed criminal and civil jury trials with health and safety protocols. ...more
When the COVID-19 pandemic struck in early 2020, the legal profession responded with a one-two punch. The first response was to fashion emergency procedures that enabled courts to function during the pandemic and, if...more
As courts tentatively start to reopen in person, the extent to which remote proceedings will remain is uncertain. But when COVID-19 shuttered courthouses everywhere, Travis County, Texas took the lead in providing courthouse...more
Virtual civil jury trials will be scheduled statewide in New Jersey starting April 5, 2021, with consent to proceed remotely not required as part of the state’s two-phase approach to virtual jury trials for all dockets and...more
At the beginning of 2020, arguing hearings and trying cases in a completely remote environment seemed like science fiction. Now, just a year later, courts and litigants have adapted to our new virtual litigation environment....more
Alas, the trip has been a long one. It’s frustrating to feel that any destination — whether it’s the end of a long family road trip or a return to in-person court proceedings — is just around a corner that never seems to...more
Due to the pandemic, the District Court entered an Order today cancelling all criminal and civil jury trials in the United States District Court for the District of Delaware until on or after April 5, 2021...more
We return now to Judge Amos Mazzant’s federal courtroom in Sherman, Texas. COVID-19 caused a mistrial last year, when jurors, lawyers and court staff become infected mid-trial. We covered it, most recently...more
Even though jury trials are, with limited exceptions, on hold, many federal courthouses have managed to stay open throughout this winter surge of the virus. But as we know all too well here in Washington, DC, the pandemic is...more
Americans are asking: “We know about Georgia’s elections, but what about its courts?” We’re here to tell you. On Friday, the Georgia Supreme Court extended its prohibition on jury trials. The order notes that when the...more
Since March 2020, jury trials have been suspended at varying times in the six New England states – Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Due to the recent spike in COVID-19 infections...more
Readers will remember our coverage of the November trial in Eastern District of Texas, Sherman Division, which ended in a mistrial after jurors, court staff, and lawyers on both sides contracted COVID-19. The trial judge,...more
A vaccine is on the way, but jury trials are not—at least not in many places. Yesterday Indiana suspended all jury trials in the state until March. North Carolina froze nearly all in-person court proceedings through at least...more
Last week saw differing approaches to the pandemic in South Carolina. In the state court system, Chief Justice Don Beatty suspended all state civil and criminal jury trials, finding “that in light of the ongoing increase in...more
In Charlotte, North Carolina, the Superior Court for Mecklenburg County attempted to hold its first pandemic jury trial, starting November 16. Things did not go well. First, during the evidence phase, a jury was excused...more
With Judge Gilstrap of the Eastern District of Texas finally cancelling his winter trials in the face of surging cases, attention turns to the Western District of Texas, which Judge Alan Albright is going in a different...more
We have previously discussed the complex issues surrounding the resumption of jury trials during the COVID-19 pandemic. We cautioned that the various experimental efforts to resume jury trials taking place in courts around...more
In a time of social isolation can litigation still be used to bring parties together to resolve problems? Are there advantages to the technology being relied upon by the courts and mediators and are clients and litigators...more
In mid-June, Chief Judge Janet DiFiore appointed the Commission to Reimagine the Future of New York’s Courts, and charged it with examining technological, regulatory, and other long-term innovations for New York Courts. ...more
Just a few months ago, the idea of a virtual jury trial probably seemed inconceivable to most judges and lawyers. Now, with the COVID-19 pandemic shuttering courthouses throughout the nation and most in-person proceedings...more
As a recently retired federal judge who served for more than two decades on the U.S. District Court for the Northern District of California, I know firsthand how daunting managing a caseload can be even in normal times. Now,...more
As courts are beginning to open, litigants and their counsel are forced to navigate the “new normal” of courtroom proceedings. Videoconferencing tools are allowing cases to progress with virtual depositions, oral arguments...more
Might a fear-based strategy have greater purchase in the present pandemic climate? People are certainly feeling scared and vulnerable these days. Even as states begin to relax the coronavirus stay-at-home restrictions, the...more
While it still might be a stretch, it is a lot more thinkable now than it was two weeks ago. The jurors sit down separately in front of their screens, log in, and watch while the attorneys and witnesses present the evidence,...more