Lawmatics

MARCH 1, 2023

Depositions are a critical tool for building a case, and as such, it is essential for attorneys of all skill levels to be well-versed in the various objections that can arise during the course of a deposition. While some objections are straightforward, others can be more nuanced and require a deep understanding of the legal system.

Depositions 130

Depositions Objections Witnesses Cross-Examination 130

WA Bar News

JUNE 11, 2024

Fucile “[T]estimony of witnesses who were kicked by plaintiff’s attorney while the witnesses were responding to defendants’ attorney’s inquiry. because there is no way of knowing what the testimony would have been if the witnesses had been left alone.” — West v. should not be considered as evidence. Irwin (E.D.

Depositions 98

Depositions Witnesses Objections Discovery 98

Evidence at Trial

NOVEMBER 27, 2021

There's reference to an out-of-court statement? But with hearsay having so many exceptions, the most obvious objection may not be the most effective. This is the witness who says, "I just came from outside and it’s raining." If the witness is believed, the fact it is raining is conclusively true. In Strobel v.

Evidence 52

Evidence Witnesses Jury Instructions Objections 52

Percipient

APRIL 22, 2023

23, 2015) the court observed that responding parties presumptively bear the expense of complying with discovery requests unless the expense is “significant.” ” If the subpoena is issued in a state court matter, a state statute or court rule may shift the costs of subpoena compliance to the requesting party (see below).

Subpoenas 97

Subpoenas Discovery Litigation Court Rules 97

Evidence at Trial

DECEMBER 17, 2021

But this general rule of admissibility does not apply if the court finds either (1) a genuine dispute exists concerning material terms of the writing and justice requires its exclusion, or (2) admission of the secondary evidence would be unfair. The trial court sustained Ms. Chambers' objections and denied the motion.

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

WA Bar News

OCTOBER 8, 2024

In another circumstance, we may be contacting an unrepresented fact witness. With an unrepresented party or witness, our conduct is guided by RPC 4.3, Washington adopted the then-ABA Model Rule in 1985 when moving from the former Code of Professional Responsibility to RPCs patterned on the ABA Model Rules. 27 While RPC 4.3

Witnesses 105

Witnesses Objections Litigation Court Rules 105

Evidence at Trial

MARCH 22, 2023

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. When asked to explain how, the defense attorney stated that in future cases, "the defendants' attorneys will simply ask the court to take judicial notice of the [expert witness'] testimony." Pretty dull.

Evidence 52

Evidence Witnesses Hearsay Rule Admissibility 52