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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...
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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. Why you are...
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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. To admit evidence of a...
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Is there Any Marital Privilege Left After Divorce?
As Joseph DeAngelo (the “East Area Rapist”) may soon find out, a divorced spouse can spill a lot of beans. He was separated from his wife for years, but she’s just made divorce official and that’s a...
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Need Another Expert? Here’s How to Augment Your Expert Designation
When you need another expert to support your client’s case or there’s a change in the general substance of a previously designated expert, you’ll need to move to augment or amend your expert witness...
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Don’t Do These 4 Things During Your Closing Argument
The permissible scope of counsel’s closing arguments before a jury is broad, but there are limits. Here are 4 things that tread into improper territory. Making a Golden Rule argument. The so-called...
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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. Sample questions in the rules. Standards 3.25 (civil) and 4.30 (criminal) of the Standards of...
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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...
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8 Ways to Make Calling Witnesses More Dramatic
As a trial attorney, never forget your role as director of the courtroom play. Consider these staging decisions when it comes to calling witnesses. Early in the trial, call a witness who can...
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Do You Need an Expert to Spot Insanity?
The general rule is that you need an expert witness to testify when the subject is “sufficiently beyond common experience that the opinion of that expert would assist the trier of fact.” Evid C...
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