E-Discovery LLC
JULY 1, 2025
It is also not clear to me which party carried the burden of proof under the “apex doctrine.” One recent case placed the burden on the party claiming an exception to the doctrine. 2025 WL 176001, at *1 (cleaned up; citations and quotations omitted). Mayor & City Council of Baltimore v. Lambert , __ Md.
Civil Litigation Brief
JUNE 20, 2025
We are looking, again, at a case where there were issues as to evidence. Part of the defendant's case was that the evidence was not admissible or was hearsay. The defendant's arguments did not prosper. Hearsay is admissible, the real.
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Jonathan Leach LLC
JUNE 10, 2024
This includes case briefs, witness statements, exhibits, and relevant statutes or legal precedents. Summarize the facts, jot down key points from witness statements, and organize notes for easy reference later. Then, clarify the burden of proof for each side. Plan your direct and cross-examinations of witnesses.
Plaintiff Trial Lawyer Tips
OCTOBER 31, 2024
Opening statement, witness examination & summation Depositions Review all depositions & index for access at trial Create summary of relevant testimony with index to access at trial Decide how to use at trial. . Index & make summary of relevant information for use at trial. Decide how to use at trial.
Evidence at Trial
NOVEMBER 10, 2021
Examples of preliminary facts include the qualification of a witness, the existence of a privilege, and the admission of evidence. The plaintiff wishes to call a witness who will testify that the light was indeed red. The preliminary fact is whether the witness is qualified to testify. 104(b) provides a lower burden of proof.
E-Discovery LLC
MAY 20, 2025
In the private business context: Not surprisingly, the law surrounding apex witnesses is somewhat indeterminate. The Lambert Court then analyzed the two exceptions, with the burden of proof shifting to the party claiming the exceptions. said Nicole Iannarone, a civil procedure professor at Drexel University Thomas R.
Temple University Beasley School of Law - Advocacy
DECEMBER 15, 2023
When showing a witness’ bias, you need not call them out as a liar; instead, simply argue in closing “and the witness, who testified for the defendant – it’s their mother.” How could a closing not regurgitate the facts, discuss the law and the burden of proof, and anticipate and debunk the opposing party?
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