Witnesses - Trial Strategy Today

Witnesses, Avoid Absolutes

Your Trial Message

SEPTEMBER 24, 2024

Ken Broda-Bahm: As they enter a deposition room, or approach the lectern for cross-examination at trial, opposing counsel is looking for an opportunity to make a few memorable points at your witness’s expense.

Witnesses

Witnesses Cross-Examination Depositions

The “Silent Witness” Theory of Authentication of Video Evidence

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

Evidence Witnesses Cross-Examination Precedent

Witnesses: Be Tough to Cross

Your Trial Message

SEPTEMBER 10, 2024

By Dr. Ken Broda-Bahm: Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted directly against the other, jurors will sit forward a bit in their seats to see who gets the better end of […]

Witnesses

Witnesses Cross-Examination

WITNESS STATEMENTS DRAFTED BY LAWYERS: ANOTHER LOOK BACK

Civil Litigation Brief

JUNE 26, 2024

Yesterday I wrote about the large numbers of posts about expert witnesses on this blog. These are probably matched by the cases that deal with judicial criticism of witness statements. Again this is a topic where, in choosing one post,

Witnesses

Witnesses Evidence

WITNESS STATEMENTS, WITNESSES, EVIDENCE AND PSYCHOLOGY: GUIDANCE FROM THE EAST: ANOTHER EXAMPLE FROM A DECADE AGO THAT REMAINS RELEVANT

Civil Litigation Brief

AUGUST 26, 2024

We are looking again at the skills necessary to take accurate witness statements. Here we revisit a real gem of an article by Ula Cartwright-Finch and Alex Waksman of Herbert Smith Freehills on the accuracy of witness statements and the.

Witnesses

Witnesses Evidence

WITNESS STATEMENTS, WITNESS EVIDENCE AND COMPLIANCE: CLAIMANT ORDERED TO FILE COMPLIANT WITNESS STATEMENTS: IT COULD HAVE BEEN THE SOLICITORS NECK ON THE LINE…

Civil Litigation Brief

SEPTEMBER 13, 2024

This time looking at the issues relating to witness statements. We are returning to the judgment of Chief Master Shuman in In IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch). There is a detailed consideration of the rules,

Witnesses

Witnesses Evidence

NO “VYING AND REVYING”: WITNESS STATEMENTS, EVIDENCE AND LOTS OF OTHER MATERIAL BESIDES: AFTER 287 YEARS OF JUDICIAL PROMPTING HAVE PRACTITIONERS GOT THE MESSAGE?

Civil Litigation Brief

AUGUST 22, 2024

Anyone involved in civil litigation will spend a great deal of their time reading witness “evidence” which, in reality, is no such thing. Witness statements tend to be seen as an opportunity to put forward opinions, submissions and innuendo.

Witnesses

Witnesses Evidence Litigation

Aquatics Expert Witness Case Summary

Expert Witness Blog

AUGUST 7, 2024

City of Lee’s Summit , the expertise of an Aquatics Expert Witness was crucial. Introduction In the recent case of Evans v. This case involved a lawsuit concerning a waterpark breach of contract related to lifeguard operations and safety standards. Continue reading

Witnesses

Admiralty & Maritime Expert Witness Case Summary

Expert Witness Blog

AUGUST 22, 2024

2023), the testimony of an Admiralty & Maritime Expert Witness played a pivotal role. Introduction In the recent case of Kenai Ironclad Corp. CP Marine Services, LLC , No. 22-30311 (5th Cir. This case involved a breach of contract related to the repair and conversion of an offshore supply vessel. Continue reading

Witnesses

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

Your Trial Message

AUGUST 14, 2024

By Dr. Ken Broda-Bahm: 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 discuss the facts, while others can be uncertain, stressed, or […]

Witnesses

Witnesses Depositions Litigation

WITNESS STATEMENTS: PD57AC “MORE HONOURED IN THE BREACH THAN THE OBSERVANCE”: AND THIS HAS CONSEQUENCES

Civil Litigation Brief

AUGUST 12, 2024

In KSY Juice Blends UK Ltd v Citrosuco GmbH [2024] EWHC 2098 (Comm) HHJ Pearce (sitting as a Judge of the High Court) observed that the requirements for drafting witness statements in PD57AC were “more honoured in the breach than.

Witnesses

Witnesses Evidence

Case Summary Involving a Chemicals Expert Witness

Expert Witness Blog

AUGUST 25, 2024

2023), the testimony of a Chemicals Expert Witness played a pivotal role. Introduction In the recent case of Monsanto Company v. Hardeman , No. 19-16636 (9th Cir. This case revolved around claims that Monsanto’s herbicide, Roundup, caused non-Hodgkin lymphoma in the plaintiff, Edwin Hardeman. Continue reading

Witnesses

Mapping & Surveying Expert Witness Case Summary

Expert Witness Blog

JULY 29, 2024

633 (2023), the expertise of a Mapping & Surveying Expert Witness was critical. Introduction In the case of Lamb v. Styles & Alan B. Styles Land Surveying, PLLC , 263 N.C. Continue reading

Witnesses

NON-COMPLIANT WITNESS STATEMENTS (AGAIN): THE SOLICITOR’S STATEMENT OF COMPLIANCE WAS “FALSE”:

Civil Litigation Brief

AUGUST 15, 2024

For the third time this week I find myself writing about judicial criticisms of the way in which witness statements have been prepared. This case has by far the most excoriating comments. In Fulstow & Anor v Francis [2024] EWHC.

Witnesses

Witnesses Evidence

Massie Tells House IP Subcommittee Witnesses He’s ‘Appalled’ By Proposals to Rein in ITC’s Patent Powers

IP Watchdog

JULY 23, 2024

International Trade Commission” (ITC), featuring four witnesses, most of whom were advocating for reforms to the current ITC process that many would characterize as anti-patent. The House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet today held a hearing, titled “IP Litigation and the U.S.

Witnesses

Witnesses Litigation Technology

Biomechanics Expert Witness Case Summary

Expert Witness Blog

AUGUST 16, 2024

the expertise of a Biomechanics Expert Witness was crucial. Introduction In the recent case of Trice v. Dorel Juvenile Group, Inc. ,

Witnesses

Witnesses Manufacturing

Case Summary Involving a Child Safety Expert Witness

Expert Witness Blog

AUGUST 28, 2024

2022), the expertise of a Child Safety Expert Witness was crucial. Introduction In the recent case of Crofts v. Issaquah School District , No. 19-35473 (9th Cir. This case involved allegations of negligence in supervising a child with special needs, leading to the child’s injury. Continue reading

Witnesses

Case Summary Involving a Bicycle Expert Witness

Expert Witness Blog

AUGUST 13, 2024

2023), the testimony of a Bicycle Expert Witness was pivotal. Introduction In the recent case of Dooley v. United States , No. 22-995 (2d Cir. This case involved a cyclist, Dooley, who suffered significant injuries after colliding with an open car door operated by a U.S. Marine recruiter. Continue reading

Witnesses

WITNESS STATEMENTS A GUIDE FOR GRADE C FEE EARNERS (AND THOSE WHO SUPERVISE THEM): WEBINAR 18th JULY 2024

Civil Litigation Brief

JULY 16, 2024

On the 18th July I am giving a webinar “Drafting witness statements in high value personal injury claims: A guide for Grade C fee earners (and those who supervise them)”, booking details are available here. THE REASON FOR THE WEBINAR.

Witnesses

Witnesses Evidence

Case Summary Involving an Aviation Expert Witness

Expert Witness Blog

AUGUST 10, 2024

Smith , the testimony of an Aviation Expert Witness was crucial. Introduction In the recent case of USA v. This case involved a pilot who faced charges related to violating FAA regulations during a flight operation in a national park, leading to legal disputes over regulatory interpretations and safety compliance. Continue reading

Witnesses

Mechanical Engineering Expert Witness Testimony Allowed

Expert Witness Blog

MAY 24, 2024

Summary: Mechanical Engineering Expert Witness allowed to provide testimony even though the defendant’s argued that he was not qualified to offer an opinion on miters saws as he does not have the requisite experience on the topic. The plaintiff hired Mechanical Engineering Expert Witness Dr. Charles E. Home Depot USA, Inc.

Witnesses

Witnesses Cross-Examination Admissibility Manufacturing

Case Summary Involving an Automotive Expert Witness

Expert Witness Blog

AUGUST 4, 2024

2023), the testimony of an Automotive Expert Witness was pivotal. Introduction In the recent case of Mace v. AAA Cooper Transportation , No. 23-2341 (La. This case involved a collision between a car and an 18-wheeler, where the plaintiff alleged that the truck driver’s negligence caused significant injuries. Continue reading

Automotive

Automotive Witnesses

Case Summary Involving a Slip, Trip & Fall Expert Witness

Expert Witness Blog

AUGUST 31, 2024

2023), the testimony of a Slip, Trip & Fall Expert Witness was crucial. Introduction In the recent case of Impagliazzo v. Judlau Contracting, Inc. 2023 NY Slip Op 50952(U) (N.Y. This case involved a worker who tripped and fell on a rebar mat at a construction site, leading to significant injuries. Continue reading

Witnesses

Witnesses Construction

Biomedical Expert Witness Testimony Allowed in Ship Negligence Case

Expert Witness Blog

MAY 8, 2024

Summary – Biomedical Expert Witness testimony allowed even though the defense argued that the expert was not qualified to provide an opinion on unsafe conditions even though she is not a marine safety expert. The plaintiff hired Biomedical Expert Witness Susan M. Bowley to provide expert witness testimony.

Witnesses

Witnesses Depositions Admissibility

ERISA Expert Witness Allowed in Pension Plan Documents Litigation

Expert Witness Blog

MAY 27, 2024

Overview: ERISA Expert Witness testimony allowed because the court ruled that the expert was qualified because she is a pensions lawyer who has represented plan sponsors, plan administrators, and service providers. To assist in their case Netflix hired ERISA Expert Witness Marcia S. Wagner to provide expert witness testimony.

Witnesses

Witnesses Litigation Court Rules

Case Summary Involving an Accident Investigation Expert Witness

Expert Witness Blog

JULY 26, 2024

2023), the expertise of an Accident Investigation Expert Witness was critical. Introduction In the case of Dooley v. United States , No. 22-995 (2d Cir. Continue reading

Witnesses

Witnesses Clash Over Potential Pros and Cons of PERA in Senate IP Subcommittee Hearing

IP Watchdog

JANUARY 23, 2024

The Senate Judiciary Committee’s Subcommittee on Intellectual Property today held a hearing featuring eight witnesses who testified about the need to restore certainty to U.S. patent eligibility law. Most, but not all, agreed such a need exists and urged quick passage of the Patent Eligibility Restoration Act of 2023 (PERA).

Witnesses

Case Summary Involving an Accident Reconstruction Expert Witness

Expert Witness Blog

AUGUST 1, 2024

2023), the expertise of an Accident Reconstruction Expert Witness was crucial. Introduction In the case of Bryan v. Swisher , No. 22-995 (Ga. Continue reading

Witnesses

Understanding the Role of the Witness: A Guide to Effective Testimony

Jonathan Leach LLC

APRIL 9, 2024

During a trial, witnesses play a significant role in shedding light on events that transpired to assist the courts in their decision-making process. As trials proceed, witnesses offer their accounts, insights, and expertise to aid in the search for truth. What Does a Witness Do?

Witnesses

Witnesses Forensic Evidence Evidence Trial Preparation

Case Summary Involving a Mapping & Surveying Expert Witness

Expert Witness Blog

JULY 23, 2024

2023), the expertise of an All Terrain Vehicles (ATV) Expert Witness was critical. Introduction In the case of Martinez v. Polaris Industries Inc. 2023 WL 4567890 (Cal. Continue reading

Witnesses

Case Summary Involving an Accident Investigation Expert Witness

Expert Witness Blog

JULY 17, 2024

2023), the expertise of an Accident Investigation Expert Witness was critical. Introduction In the case of Dooley v. United States , No. 22-995 (2d Cir. Continue reading

Witnesses

Weather & Meteorology Expert Witness Testimony Allowed in Part

Expert Witness Blog

MAY 22, 2024

Summary: A Weather & Meteorology Expert Witness allowed to testify, in part, in fire litigation caused by lightning despite objections from the plaintiffs that his testimony would not assist the trier of fact. The defendants hired Dr. Elizabeth Austin ( Weather & Meteorology Expert Witness ) to provide testimony.

Witnesses

Witnesses Objections Litigation

The Importance of Witness Preparation

Jonathan Leach LLC

JUNE 27, 2023

How Witness Prep Can Help You Win Your Case One of the most important pieces of any trial is the witnesses that tell what happened. Just as a well-prepared witness can help prove your case, an ill-prepared witness can derail the entire trial. What Is Witness Preparation? Can a Witness Be Prepared for a Deposition?

Witnesses

Witnesses Depositions Cross-Examination

Case Summary Involving an Accident Reconstruction Safety Expert Witness

Expert Witness Blog

JULY 20, 2024

2023), the role of an Accident Reconstruction & Safety Expert Witness Continue reading Introduction In the case of DoorDash Inc. Collazo-Diaz , 2023 WL 4567890 (Tex.

Witnesses

Automotive Engineering Expert Witness Testimony Allowed in Design Defect Car Accident Litigation

Expert Witness Blog

MAY 17, 2024

Summary – Automotive Engineering Expert Witness testimony allowed even though the defendant argued that the expert witness did not physically test any of the alternate vehicle designs. The plaintiff hired Automotive Engineering Expert Witness Mr. Brian Herbst to provide expert witness testimony.

Automotive

Automotive Witnesses Cross-Examination Litigation

Case Summary Involving a Black Box/Data Recorder Expert Witness

Expert Witness Blog

AUGUST 19, 2024

2023), the testimony of a Black Box/Data Recorder Expert Witness was pivotal. Introduction In the recent case of Johnson v. FedEx Freight, Inc. , 21-1456 (E.D.

Witnesses

RELIEF FROM SANCTIONS REFUSED WHEN WITNESS EVIDENCE SERVED THREE WEEKS LATE: SOMETHING ABOUT THE DANGERS OF “CUT AND PASTE” SUBMISSIONS TOO…

Civil Litigation Brief

JULY 26, 2024

In Seaton Management Ltd v Evans-Jones [2024] EWHC 1883 (Ch) ICC Judge Barber refused the respondent’s application for relief from sanctions when a witness statement was served three weeks late. “The matters addressed in the Respondent’s skeleton argument on.

Witnesses

Witnesses Evidence

Construction Expert Witness Testimony Not Allowed in Chinese Drywall Litigation

Expert Witness Blog

MAY 15, 2024

Summary: Construction Expert Witness testimony excluded because the court ruled that the expert cannot state that the Chinese drywall caused the plaintiffs’ injuries Facts: This case ( Fozard et al v. In order to prove their case, the plaintiffs hired Construction Expert Witness Howard Ehrsam to provide expert witness testimony.

Construction

Construction Witnesses Litigation Court Rules

FAILING TO COMPLY WITH THE RULES FOR WITNESS STATEMENTS FOR THOSE NOT PROFICIENT IN ENGLISH – “DISAPPOINTINGLY A NOT INFREQUENT OCCURRENCE”

Civil Litigation Brief

AUGUST 12, 2024

In SZ Solicitors -v- Bharj [2024] 8WLUK 65 HHJ Monty KC dealt with the problems that arose when a party had not complied with the rules in relation to providing a witness statement for a witness who is not proficient.

Witnesses

Witnesses Case Management Evidence

A TRIAL BUNDLE THAT WAS A “CHAOTIC MESS”; NON COMPLIANT WITNESS STATEMENTS AND EXPERT REPORTS AND “PROCEDURAL TRENCH WARFARE”

Civil Litigation Brief

AUGUST 29, 2024

The case, about historic sports cars, involved (among other things) “procedural trench warfare”; highly defective bundles; non-compliant witness statements; There are interesting procedural aspects in the judgment of Simon Gleeson in Carl v Hawkins & Ors [2024] EWHC 2186 (Ch).

Witnesses

Witnesses Evidence

Americans with Disabilities Act (ADA) Expert Witness Not Allowed in Six Flags Discrimination Case

Expert Witness Blog

MAY 13, 2024

Summary: Americans with Disabilities Act (ADA) Expert Witness testimony not allowed because the expert provided legal opinions about discrimination, which is not admissible. To assist in their case, the defendant hired Americans with Disabilities Act (ADA) Expert Witness Robert F. Minnick to provide expert witness testimony.

Witnesses

Witnesses Admissibility Evidence Court Rules

Case Summary Involving an All Terrain Vehicles (ATV) Expert Witness

Expert Witness Blog

JULY 17, 2024

Case Summary Involving an Accident Reconstruction & Safety Expert Witness Introduction In a recent legal case, the expertise of an Continue reading

Witnesses

Automotive Engineering Expert Witness Testimony Allowed in Part in Automobile Accident Case

Expert Witness Blog

MAY 29, 2024

Overview: Automotive Engineering Expert Witness testimony allowed in part because the court concluded that Bloch’s testimony that alternative designs of the Silverado would have saved the plaintiff’s life was unreliable. The plaintiff hired Automotive Engineering Expert Witness Byron Bloch to provide expert witness testimony.

Automotive

Automotive Witnesses Admissibility Manufacturing

THE CHARACTER WITNESS CONUNDRUM

Temple University Beasley School of Law - Advocacy

FEBRUARY 4, 2024

The witness is asked “are you aware” or “have you heard” that defendant X was convicted in 2018 of [name of crime]. The theory is simple if not simplistic: if the witness says “yes, I’ve heard of that conviction” then the prosecutor, in closing argument, may question that witness’ standards. And the conundrum?

Witnesses

Witnesses Closing Argument Cross-Examination Evidence

Witnesses, Avoid Absolutes

The “Silent Witness” Theory of Authentication of Video Evidence

Trending Sources

Witnesses: Be Tough to Cross

WITNESS STATEMENTS DRAFTED BY LAWYERS: ANOTHER LOOK BACK

WITNESS STATEMENTS, WITNESSES, EVIDENCE AND PSYCHOLOGY: GUIDANCE FROM THE EAST: ANOTHER EXAMPLE FROM A DECADE AGO THAT REMAINS RELEVANT

WITNESS STATEMENTS, WITNESS EVIDENCE AND COMPLIANCE: CLAIMANT ORDERED TO FILE COMPLIANT WITNESS STATEMENTS: IT COULD HAVE BEEN THE SOLICITORS NECK ON THE LINE…

NO “VYING AND REVYING”: WITNESS STATEMENTS, EVIDENCE AND LOTS OF OTHER MATERIAL BESIDES: AFTER 287 YEARS OF JUDICIAL PROMPTING HAVE PRACTITIONERS GOT THE MESSAGE?

Aquatics Expert Witness Case Summary

Admiralty & Maritime Expert Witness Case Summary

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

WITNESS STATEMENTS: PD57AC “MORE HONOURED IN THE BREACH THAN THE OBSERVANCE”: AND THIS HAS CONSEQUENCES

Case Summary Involving a Chemicals Expert Witness

Mapping & Surveying Expert Witness Case Summary

NON-COMPLIANT WITNESS STATEMENTS (AGAIN): THE SOLICITOR’S STATEMENT OF COMPLIANCE WAS “FALSE”:

Massie Tells House IP Subcommittee Witnesses He’s ‘Appalled’ By Proposals to Rein in ITC’s Patent Powers

Biomechanics Expert Witness Case Summary

Case Summary Involving a Child Safety Expert Witness

Case Summary Involving a Bicycle Expert Witness

WITNESS STATEMENTS A GUIDE FOR GRADE C FEE EARNERS (AND THOSE WHO SUPERVISE THEM): WEBINAR 18th JULY 2024

Case Summary Involving an Aviation Expert Witness

Mechanical Engineering Expert Witness Testimony Allowed

Case Summary Involving an Automotive Expert Witness

Case Summary Involving a Slip, Trip & Fall Expert Witness

Biomedical Expert Witness Testimony Allowed in Ship Negligence Case

ERISA Expert Witness Allowed in Pension Plan Documents Litigation

Case Summary Involving an Accident Investigation Expert Witness

Witnesses Clash Over Potential Pros and Cons of PERA in Senate IP Subcommittee Hearing

Case Summary Involving an Accident Reconstruction Expert Witness

Understanding the Role of the Witness: A Guide to Effective Testimony

Case Summary Involving a Mapping & Surveying Expert Witness

Case Summary Involving an Accident Investigation Expert Witness

Weather & Meteorology Expert Witness Testimony Allowed in Part

The Importance of Witness Preparation

Case Summary Involving an Accident Reconstruction Safety Expert Witness

Automotive Engineering Expert Witness Testimony Allowed in Design Defect Car Accident Litigation

Case Summary Involving a Black Box/Data Recorder Expert Witness

RELIEF FROM SANCTIONS REFUSED WHEN WITNESS EVIDENCE SERVED THREE WEEKS LATE: SOMETHING ABOUT THE DANGERS OF “CUT AND PASTE” SUBMISSIONS TOO…

Construction Expert Witness Testimony Not Allowed in Chinese Drywall Litigation

FAILING TO COMPLY WITH THE RULES FOR WITNESS STATEMENTS FOR THOSE NOT PROFICIENT IN ENGLISH – “DISAPPOINTINGLY A NOT INFREQUENT OCCURRENCE”

A TRIAL BUNDLE THAT WAS A “CHAOTIC MESS”; NON COMPLIANT WITNESS STATEMENTS AND EXPERT REPORTS AND “PROCEDURAL TRENCH WARFARE”

Americans with Disabilities Act (ADA) Expert Witness Not Allowed in Six Flags Discrimination Case

Case Summary Involving an All Terrain Vehicles (ATV) Expert Witness

Automotive Engineering Expert Witness Testimony Allowed in Part in Automobile Accident Case

THE CHARACTER WITNESS CONUNDRUM

Stay Connected