Targeting Safetyism in Defense Voir Dire | Episode 71
The Presumption of Innocence Podcast: Episode 49 - Perspectives From the Bench: Anatomy of a Criminal Trial With Retired Judge Margaret Foti
JONES DAY TALKS®: Detecting and Addressing Prosecutorial Misconduct: An Overview for Defense Lawyers
Podcast - Are Real Trials Just Like the Movies?
Podcast - Borrowing and the Art of Trial Advocacy
6 Things To Consider Before Litigation
Trial Advocacy in the Modern World
This Extraordinary Process Called "Trials"
In Closing Arguments, Don't Forget to Ask
Getting Rid of Clutter in the Closing Argument
Leyes y Leyendas: 7 Juicios que cambiaron la historia
Podcast - The Basic Rules for Closing Argument
Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Podcast - Refresh vs. Impeach: Know the Difference
Podcast - Impeaching with a Deposition
The convenience and widespread use of remote depositions and virtual hearings will not, in seems, make it any easier for plaintiffs to choose what they believe is the most advantageous forum for litigating their cases....more
A high school reunion can be a wonderful, surreal experience at best, and a handwringing, anxiety-ridden event at worst. During those formative years of our teenage lives, we were surrounded by – and spent countless hours...more
In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...more
The Florida Supreme Court recently approved significant amendments to the Florida Rules of Civil Procedure. ...more
We’ve written previously about sanctions that trial courts can impose on parties that, for no good reason, fail to appear for a properly noticed deposition. Courts are understandably impatient with parties that throw sand in...more
The Massachusetts Supreme Judicial Court recently released for public comment a proposal to create a baseline set of ground rules for the conduct of remote depositions in that state. The proposed rule revisions would set out...more
Rule 202 refers to the pre-suit deposition rule in the Texas Rules of Civil Procedure. This rule allows a person or party involved in a dispute to request deposition – sworn testimony recorded by a court reporter – to...more
In theory, pretrial conferences streamline litigation by setting discovery deadlines and encouraging parties to take a hard look at all relevant issues in the case and, if possible, reach a settlement before trial....more
In the federal system, deposition testimony often provides crucial evidentiary support for summary judgment motions— a key procedural device for narrowing contested issues that require trial or, in some cases, eliminating the...more
As a national trial consulting firm, we are often asked to assist with jury selection in jurisdictions where lead counsel has been admitted pro hac vice and may not be closely familiar with the standards and procedures for...more
Ever since the Uniform Law Commission published the Uniform Interstate Discovery and Depositions Act in 2007, the disinterest among Texas lawmakers to adopt the law has been both a curiosity and, to a small extent, a failure...more
If you’ve ever wondered whether it’s possible to create a “video deposition” merely by recording a Zoom call, you’re not alone. After all, the litigators and witnesses, and the court reporter, are present, their voices and...more
As frequent readers of this blog are no doubt aware, the ten-volume practice treatise entitled Commercial Litigation in New York State Courts and edited by distinguished commercial practitioner Robert L. Haig (the “Haig...more
As practitioners and readers of this blog are aware, responsive pleadings are foundational documents prepared at the earliest stage of a litigation in which the responding party denies, admits, or states that she lacks...more
Whether it’s during a deposition or during trial, the job of preserving errors for judicial review is a vital part of the litigator’s professional obligation to his or her client. Many trial outcomes turn on evidentiary...more
My daughter is a figure skater — the kind of skater who practices six days a week. Each one of the complex jumps that a skater executes involves dozens of fine-motor movements that need to be encoded into the skater’s muscle...more
Parties seeking to rely on video-link evidence should plan ahead and, where necessary, obtain local and foreign court approval. The COVID-19 pandemic has (albeit by necessity) ushered in a move towards remote justice. The...more
A civil jury trial is a risky proposition in any court, state or federal. To manage that risk, it is usually in each party’s interest to engage in some form of alternative dispute resolution, or ADR. Knowledge of the local...more
As in the Michigan state court system, most of your time in a federal civil case will be spent on discovery, and most of your interaction with the court will be through motion practice. Different courts have different rules...more
Trial advocacy is a mix of law and theater, requiring a lawyer to know both the law and their audience. Attorneys must effectively argue their client’s case using the evidence and the jury instructions to show their client is...more
One of the most anxiety-producing experiences for both a family law client and their attorney is navigating through the process relating to a Maricopa County temporary orders hearing. The client’s anxiety is easy to...more
A pilot scheme to introduce extensive reforms to the English court disclosure rules has been approved in principle by the Civil Procedure Rules Committee (CPRC, the body responsible for approving civil court rule changes). ...more
In 2017, Mexico’s congress approved a key amendment to its Federal Commercial Code. The amendment is now driving dramatic changes to the country’s trial process. One of those changes — a shift from written to oral proceedings...more