More on Cross-Examination: Building a Case Brick by Brick
Podcast - Refresh vs. Impeach: Know the Difference
Podcast - Cross-Examination of Expert Witnesses
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
Understanding When to Cross-Examine
Basic Points to Consider in Redirect Examination
Podcast - Direct Examination: Getting Rid of Clutter
Exuding Credibility in the Courtroom
Podcast - The Differences Between Persuasion and Argument
Witness Testimony Themes, Cross Examination, & Preparation Consultants – IMS Insights Podcast Episode 55
Witness Prep Goals, Credibility Factors, & Juror Comprehension – IMS Insights Podcast Episode 54
Podcast - Ethical Deposition Conduct
Podcast: Science in the Courtroom
Podcast - Listen for the Song in Your Witness' Head
Podcast: What is a Deposition?
Podcast: Witness Preparation is Okay
Podcast: Bridging the Gap
As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more
Just what is it that wins a trial case? It’s not a simple matter of providing a bullet list of facts. The subject matter and fine points of evidence can be complex and difficult to follow, and the trial attorneys rarely have...more
A corporate deposition authorized by Fed. R. Civ. P. 30(b)(6), and similar state rules[1] is a powerful discovery device with far-reaching implications. Entities served with such a notice face significant burdens to select...more
With the COVID pandemic, remote video depositions and trial testimony very quickly went from rare to routine. Remote testimony, for the most part, is viewed as a convenience to both witnesses and attorneys, and parties and...more
The testimony given at a deposition vs. testimony during a trial have a lot in common. They’re both sworn under oath, under penalty of perjury, and part of official court records. There’s a longer list, however, of how they...more
The discovery phase is often the most critical component of legal work, leading 95% of civil cases to a settlement negotiation instead of a courtroom trial. Given this, how information is collected from potential witnesses is...more
It is not uncommon in litigation for parties to introduce testimony through depositions taken for use at trial. It is very uncommon, though, for a party to request to use their own deposition testimony as their trial...more
The lines between witness preparation and improper coaching are gray. According to the ABA, “[T]he task of delineating what is necessary and proper and what is ethically prohibited during witness preparation has become more...more
The most famous quote attributed to arguably the greatest military leader of all time, Napoleon Buonaparte, was “(N)ever interrupt your enemy when he is making a mistake.” Napoleon had many faults, but his ability to see the...more
If the word “Shaq” conjures up the image of professional basketball legend and amiable IcyHot liniment pitchman Shaquille O’Neal, you could be missing out on a valuable mnemonic device for preparing witnesses for deposition:...more
An attorney who surreptitiously fed answers to his client – roughly 50 times during a six-hour remote deposition, according to court documents – has been given a public reprimand by the Massachusetts Board of Bar Overseers....more
Whether you think of it as the City of Brotherly Love or the Cradle of Liberty, there can be no question that Philadelphia is the perfect venue for the nation’s premier Life, Health, Disability & ERISA (LHD&E) conference....more
Before they swear to “tell the truth, the whole truth, and nothing but the truth,” witnesses need to be prepared for the process and challenges of testifying in a trial, deposition, or other legal proceeding. How you...more
Depositions can be stressful affairs. For many witnesses, depositions are a once-in-a-lifetime plunge into the unknown with a lot riding on their testimony. Sitting in a room full of strangers, listening to lawyers argue over...more
30(B)(6) Preparation Tips - If you have ever said “that rule may make sense in theory, but it does not work in real life,” you may also have spent weeks futilely attempting to prepare a witness to serve as a corporate...more
The number of remote legal proceedings hit a peak a few years back, but the end of the COVID-19 public health emergency doesn’t mean a reversal to pre-pandemic logistics. While they can have some drawbacks, virtual...more
If a court trial or successful settlement is the Superbowl, then depositions are the key games in the season that get you there. Each deposition is an official, sworn record of witness testimony that can yield critical...more
Despite the ubiquitous advantages of AI-powered eDiscovery, matter management, content analysis, and other solutions, litigation costs and data volumes continue to rise. Is there any end in sight? A traditional tagging and...more
Join us in-person at our Chicago HQ or virtually through Zoom for this two-hour trial tools and preparation boot camp where Nextpoint’s legal technology experts will present invaluable tips and strategies to leverage...more
Tips for Tackling Virtual Depositions - Up to 90% of depositions taken throughout the height of the pandemic were virtual, and that short-term need has generated a long-term change. In fact, in a recent survey, only 4% of...more
More than a meeting but less than a trial—depositions are key building blocks to civil and criminal cases. Depositions are usually scheduled to interview your opposition’s witnesses, but as an attorney, you may also depose...more
Depositions taken during discovery are the mainstays of your case. Although you often have the least amount of control over what information comes to light during opposing counsels’ depositions, the outcomes are critical to...more
The most daunting of measures attorneys face in protecting an entity in litigation is preparing witnesses for a Federal Rules of Civil Procedure 30(b)(6) deposition. Whether taking or defending, the first dance is the scope...more
In his article Eight Traits of Great Trial Lawyers, former U.S. Federal District Judge Mark W. Bennett remarked that lack of preparation topped the list of trial lawyer shortcomings in his courtroom. “Preparation,” Judge...more
A recent discovery ruling from an Ohio federal magistrate judge offers a helpful primer on how corporate representatives should prepare for depositions. The ruling, In re FirstEnergy Corp. Securities Litig., No. 2:20-cv-3785...more