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Jury Trial Evidence Trial Practice Guidance

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Best Practices for Preparing an Expert Witness for Deposition

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As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more

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How to Write an Engaging Opening Statement

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First impressions are crucial—especially when you’re delivering an opening statement to a court of law, establishing and framing the crux of a case for judges and jurors when a trial begins. Clarity, conciseness, resonance,...more

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Closing Argument: Opportunity and Challenge

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Litigation attorney Dan Small shares insights and strategies for delivering a compelling closing argument in this episode of "The Trial Lawyer's Handbook" podcast series. He explains the challenges of delivering a closing...more

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Bench Trial vs. Jury Trial: Preparing for Each

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When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more

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Discover the Benefits of Mock Trials

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Case preparation can take months of research, depositions, and strategic planning—all for that one high-pressure moment in court. Even learning how to write a good opening statement can take a considerable amount of time and...more

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Opening Statements: The Prohibition Against Argument

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the frequently stated rule that an opening statement is intended to be only a summary of the facts, not an argument....more

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Dealing with Evidence of Time, Distance and Speed

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small delves into the critical importance of establishing and relaying accurate measures of time, distance and speed in the...more

IMS Legal Strategies

Confirmation Bias: Why Better Evidence Is Not Enough

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In a recent jury research exercise for a product liability case, both the plaintiff and the defendant presented testimony from their respective medical expert, each offering her professional opinion as to the primary...more

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Who Needs Evidence? The Rise of Conspiracy-Minded Jurors

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Consider this recent example of two jurors, one a trial juror and one a mock juror. In both cases, the defendants’ arguments relied largely on the Environmental Protection Agency (EPA). The trial juror: A very liberal,...more

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The Sky’s the Limit: The Many Ways Drone Footage Can Benefit Your Case

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If you are like most attorneys, you think of drones in terms of their ability to capture images of large expanses of land and sea—and they are great for that purpose. But Andrew Buckley, trial consultant and a certified drone...more

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What Makes Your Expert Witness the Best Witness? Social Science Research Highlights the Roles of Credibility and Influence

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Why Expert Credibility is Crucial - The adversarial nature of a jury trial leads many of our clients to ask, “Will my expert come across better than theirs?” This is a justifiable concern since jurors’ decisions about...more

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Witness Prep Goals, Credibility Factors, & Juror Comprehension – Episode 54

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IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera joins podcast host and IMS Client Services Advisor Adam Bloomberg to discuss the goals of witness preparation, what makes a witness credible, and how witnesses can...more

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Improving Expert Witness Credibility in the Eyes of the Jury

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It comes as no surprise that when a witness is perceived as being credible, their messages will be more persuasive to the jury. Much academic research has been conducted to determine the primary characteristics that measure...more

Holland & Hart - Your Trial Message

Presenters: Try to Avoid Using Multiple Duplicate Screens

Maybe it is because monitors are a lot less expensive than they used to be, but I’m seeing more and more of them cropping up, often in the same places. Conference rooms or spaces for larger presentations that used to have a...more

Holland & Hart - Your Trial Message

Gruesome Injury Photos: Consider the Halo of High Impact Evidence

After receiving many warnings from the court and counsel on what they’re about to see, the jurors are finally shown the injury photos. Some of them frown, one covers her face, many look away after a quick glance, and a couple...more

Holland & Hart - Your Trial Message

The Virtual Trial: Be Conscious of What Is Lost and What Is Found

The now one-year-old coronavirus pandemic has caused courtrooms across the country to move many of their functions, as well as some full jury trials, into an online space. On the wisdom of that move, there are broadly two...more

Holland & Hart - Your Trial Message

Treat Your Credibility as Central, Not Peripheral

The lawyer preparing their case likely goes through a long list of, “What will they think about…” questions, relating to the facts, the evidence, the arguments, and the law. Eventually, that attorney might get to the...more

Holland & Hart - Your Trial Message

Expect that Jurors Might Generate Their Own Fake News

Every day, we are reminded that we live in a new age that can be called “post-truth.” We pay a lot of attention to external sources of misinformation, whether it is motivated public figures, partisan news networks or...more

Holland & Hart - Your Trial Message

Know Your Trial Message

Trial lawyers understand the need to refine and to help fit the main point of their case into the smallest possible container. In complex litigation, however, that quest for a bottom line can be elusive. You might have your...more

Holland & Hart - Your Trial Message

Remember, an Open Mind is a Finite Resource

Our trial system is based on the ideal of a neutral fact-finder. And as much as the social science tells us that this blank slate does not actually exist, it remains true that jurors will try very hard to keep an open-mind....more

Holland & Hart - Your Trial Message

Tap Into Your Jurors’ Reward System

Next time you’re in a public place, look around at all the people and what they’re doing. Looking at their phones? Yes! Nearly all of them. Now, some might be working. Some could be keeping up on the news or reading great...more

Holland & Hart - Your Trial Message

Don’t Choose Between Facts and Stories

The title asks a provocative question: “When it comes to jury trials, should you tell a story or stick to the facts?” The piece in the “Your Voice” section of the current ABA Journal is written by Drury Sherrod, a litigation...more

Holland & Hart - Your Trial Message

In Opening, Dispense With “The Evidence Will Show”

Unlike many other moments in trial, the opening statement is often defined in terms of what it isn’t. It isn’t evidence, and it isn’t argument. So, what is it? It is a preview of what the evidence will be. That creates a...more

Holland & Hart - Your Trial Message

Connect with Jurors: Five Practical Ways

We know that when presenting to jurors, the goal is not just to present, but to engage, to relate, to adapt, and ultimately to persuade. You don’t want to simply lay information in front of jurors and hope they will pick it...more

Holland & Hart - Your Trial Message

Experts: Complete the Credibility Checklist

So you’re picking an expert witness for your case. What kind of person do you want? Someone with the highest credentials from the best institutions? Someone with a lot of on-the-ground experience in this area? Someone who is...more

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