Complex Discovery

JUNE 10, 2025

Monthly Volatility Signals Market Timing Dynamics Fiscal Year 2025 has exhibited significant monthly volatility that illuminates corporate decision-making patterns. The early 2000s witnessed record highs, with 4,926 filings in 2000 during the dot-com boom, followed by a post-9/11 contraction to just over 1,000 filings by 2003.

Government and Public Sector

E-Discovery LLC

JUNE 28, 2025

It asserted prejudice because it could not call the person who took the photos as a trial witness. The City’s expert witnesses, Dr. Parkerson and Dr. Cheung, both considered the results of the inspection as part of the basis for their expert medical opinions. Defendant sought exclusion as a discovery sanction.

Discovery

Attorney at Work

JULY 16, 2021

Exchanging exhibits during a remote deposition or trial is a crucial component that is often not addressed in web-conferencing tools. Additional accommodations must be in place for a way to introduced and distribute exhibits. These can often be addressed by an exhibit-specific tool used in conjunction with the web-conferencing tool.

Depositions

E-Discovery LLC

AUGUST 23, 2024

22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.” In Authentication is key to direct and cross-examination (thedailyrecord.com) (Aug.

Cross-Examination

E-Discovery LLC

JULY 5, 2024

See Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video (Mar. The “silent witness theory” was used in Cleveland v. The Supreme Court of Maryland is considering a challenge to authentication of video evidence using the “pictorial testimony theory.” State, 2024 WL 2149996 (Apls.

Evidence

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. Laptop, I-Pad, projectors etc.

Cross-Examination

E-Discovery LLC

AUGUST 31, 2024

These videos were admitted into evidence without objection and were contained in about 30 video exhibits. Importantly, the Court wrote that: “We do not interpret the rule to require a party to include their adversary’s version of the facts in their summary exhibit.” Second, attached as Exhibit 8 is a Digital Video Disc (“DVD”).

Admissibility

E-Discovery LLC

SEPTEMBER 1, 2024

Neither of the testifying detectives witnessed the events about which they testified. The Maryland Supreme Court recently held that a witness can authenticate a video that contains images the witness did not see. Can a witness authenticate a video if the video contains images that the witness did not see?

Admissibility

WA Bar News

NOVEMBER 12, 2024

EXPERT WITNESS DISCLOSURE It was the Work Group’s impression that many litigants tactically withhold discovery of testifying expert witnesses on the ground that no disclosure is required until a case schedule deadline. To illustrate the proper use of a privilege objection, a request for witness statements might call for work product.

Depositions

Civil Litigation Brief

JUNE 10, 2024

I spent last Friday slightly outside my comfort zone lecturing at the Legal Action Group Housing Law Conference, some aspects of which will feature in future blog posts. Needless to say all the housing lawyers were lovely and I went.

Exhibits

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. Plan your direct and cross-examinations of witnesses.

Burden Of Proof

Planet Depos

OCTOBER 30, 2024

The final certified transcript may be used in court to call a witness’ veracity into question, for example. Prep materials can include such documents as listed below: Notices Previous transcripts Exhibits Working with the same court reporting agency throughout the entirety of your case does simplify the prep materials task.

Depositions

Planet Depos

NOVEMBER 24, 2024

Always ask the witness to state and spell his/her full name so the record accurately reflects the correct spelling. Remind the witness to speak loudly and clearly so that the court reporter can hear and understand every word. Remind the witness to give a verbal response as the court reporter can capture only verbal responses.

Depositions

Optima Juris

APRIL 5, 2023

There are no restrictions as long as your witness is willing to appear. Although it is always best (and highly recommended) to have all parties present with the witness for the most reliable and clearest record. The Host may discuss additional options with you to implement the best exhibit-sharing approach for your needs.

Depositions

Planet Depos

OCTOBER 28, 2024

By Micayla Charles & Carly Wilson The process of scheduling a deposition can have several moving pieces, from counsel’s and the witness’ schedules to arranging for a court reporter, videographer and/or interpreter. Tip 6: Sending Exhibits in Advance It’s always helpful to send exhibits in advance of the deposition.

Depositions

Planet Depos

DECEMBER 15, 2024

So, what do you do if you need to depose a witness who resides in a country where depositions are not permitted? Pay for the witness travel. Ask your court reporting agency about meeting the legal team and witnesses at stations or hotels to ensure travel. Realtime can also be streamed to offsite participants.

Depositions

The Cloud Court Blog

MARCH 6, 2023

Mutual clients will enjoy deeper insights into witness testimony, greater continuity throughout the litigation process, and cost savings in large scale matters. Today, eDiscovery and managed review teams are critical to obtaining favorable outcomes, which include identifying exhibits for witness testimony.

Witnesses

Plaintiff Trial Lawyer Tips

FEBRUARY 3, 2025

I want to treat everyone, including the defendant, the judge, the court personnel and witnesses with appropriate respect. You need permission to use exhibits, models, diagrams and the like in the opening statement. I will limit the exhibits to key ones that are consistent with the theme of the case. Understanding how we decide.

Cross-Examination

The Cloud Court Blog

SEPTEMBER 28, 2022

of federal civil matters are resolved at trial[i] Litigators always depose witnesses before a trial – if there is a trial You will almost never depose a witness more than once – so you get one shot to take or defend that deposition well But why do depositions matter more? All because of the strength and weakness of witness testimony.

Depositions

Plaintiff Trial Lawyer Tips

OCTOBER 17, 2024

“By failing to prepare, you are preparing to fail” Benjamin Franklin In our office, my law partner and wife, Lita Barnett Luvera, legal responsibilities included preparing clients and witness for their deposition. The other lawyers relied upon her for the preparation and she was very good at it. This is a recipe for failure.

Depositions

Joseph, Hollander & Craft

MAY 8, 2025

However, if that behavior continues and escalates, or if your child starts exhibiting extreme reactions to you, you may be experiencing parental alienation. Your child exhibits open hostility toward you, your family members (including their siblings), and your friends. Your child exhibits fear or anxiety around you.

Exhibits

The Cloud Court Blog

OCTOBER 26, 2022

Not only as the taking and defending attorney, but also as a witness and as a client. On the flip side, I’d hear from a dejected corporate witness that thought things had gone horribly awry, only to read the transcript and conclude: “Hey, not so bad!” Or when certain types of exhibits are introduced? Sometimes they were right.

Depositions

E-Discovery LLC

MARCH 27, 2025

In all, the National Registry of Exonerations at the University of Michigan tallied more than 40 individuals who were wrongly convicted based on Guevara, partner Ernest Halvorsen, or other detectives misconduct including coerced false confessions or witness identifications through threats or violence.

Discovery

Optima Juris

AUGUST 15, 2023

When taking a deposition from a willing witness in Italy, there are two procedures available. This procedure allows a consular officer from the United States to take the witness’s testimony or a commissioner appointed by the American court, such as a private American attorney.

Depositions

The Successful Lawyer

JANUARY 13, 2022

Visualize witness examinations. Think about the exhibits. Choosing and using exhibits is the heavy lifting of trial work. Choosing and using exhibits is the heavy lifting of trial work. Visualize the specific exhibits that will have an impact and help you tell your story. Observe your opponent doing the same thing.

Cross-Examination

Sound Jury Blog

SEPTEMBER 5, 2023

We’ve asked them to build something from thousands of pages of exhibits and millions of words spoken by dozens of people, more than they could ever reasonably process, yet we expect them to “get it right.” by this witness). She used these in opening when introducing the topic, then with each witness. Repetition. Repetition.

Witnesses

3 Geeks and a Law Blog

OCTOBER 16, 2023

According to Schafer, attorneys now exhibit much greater openness to tailored AI tools that enhance productivity versus disrupting their workflows entirely. So if a witness was like, Well, yesterday was walking down the street, and then you know, I saw something happen. So that was a big kind of insight I have about the problem.

Evidence

Legal Writing Launch

SEPTEMBER 16, 2024

Example: Eighteen witnesses testified. instead of 18 witnesses testified. versus The plaintiff now seeks to introduce its 21st exhibit. Always Spell Out Numbers at the Beginning of Sentences: When a sentence starts with a number, spell it out regardless of its size. This maintains formality and clarity.

Legal Arguments

Planet Depos

OCTOBER 29, 2024

“Legal proceedings can get heated with people talking over one another, or you may have a witness that mumbles or has a strong accent,” says Sandi Wilson, CSR (CA), FPR, CER, CDR, senior director of litigation technology.

Litigation

Evidence at Trial

OCTOBER 3, 2022

Our first exhibit was a table of unpaid invoices that we contended were owed to our client. If the exhibit could be admitted, we would be able to publish the table for the jury during trial, have witnesses walk the jury through the various columns and totals, and provide it to them to consider during deliberations.

Admissibility

Plaintiff Trial Lawyer Tips

SEPTEMBER 27, 2024

Jurors have the right to expect witnesses to testify honestly and for lawyers to be trustworthy as well as credible. An example, would be: “Please turn the exhibit at so that juror number twelve can see it?” The phrase resonates with most Americans and has power when properly applied and used by trial lawyers.

Exhibits

Legal Writing Launch

OCTOBER 24, 2024

Appendices (if applicable) If you have additional materials, such as exhibits or supplementary documents, include them in an appendix. References Include a reference section citing all sources you have referenced in your sample. Ensure that citations are formatted correctly according to the legal citation style guide (e.g., The Bluebook).

Legal Arguments

Mock Jury Trials Online

MAY 18, 2021

A lot of the key components, such as witness analysis, exhibit analysis, opening statements, mock rulings, and so on, are still upheld in an online mock jury trial room. Online mock jury trials are not as different from in-person mock jury trials as you might think.

Opening Statement

Gerry Oginski's New York Legal Blog

JUNE 1, 2017

All the witnesses have testified. All the exhibits have been introduced as evidence. This up and down emotional high and low is known to occur in every single trial. It happens on both sides. You've now reached the end of your trial. There is no more testimony to be heard. It's time for the attorneys to make closing arguments.

Closing Argument

Complex Discovery

DECEMBER 19, 2024

The world experienced its highest levels of freedom in the mid-2000s, only to witness a steady decline in the years following the 2008 global financial crisis. They also tend to exhibit lower child mortality rates, higher levels of social tolerance, and stronger environmental performance.

Mediation

Jury Analyst

AUGUST 7, 2024

Influence on witness credibility assessment: Jurors may disproportionately believe or discredit witnesses based on whether their testimony aligns with their preconceived notions. This can compromise the fairness of the trial, as witness credibility is a critical factor in determining guilt or innocence.

Jury Selection

Jury Analyst

JULY 17, 2023

We discussed how bias can lead to biased evaluations of evidence and witness testimony and the tendency to favor information that aligns with pre-existing beliefs during jury deliberations. The results can also inform oral voir dire strategies.

Jury Selection