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Deposition Misconduct: Rules, Risks, and Remedies

WA Bar News

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.

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Be Prepared: 5 Deposition Objections You Must Know Before Stepping into the Courtroom

Lawmatics

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.

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Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up.

Evidence at Trial

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.

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Rhymes and Crimes: Fourth Circuit Uses Rap Lyrics as Evidence in Drug Trafficking Case

Practice of Law

Watkins objected to the relevance of these inquiries. Still, the district court allowed them, reasoning that Childs’s testimony had opened the door to character evidence under Federal Rules of Evidence 404 and 405. The district court sentenced Watkins to ten years in prison, three years of supervised release, and a $100 fine.

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California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.

Evidence at Trial

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.

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RPC 4.3: Dealing With Unrepresented Persons

WA Bar News

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

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Judicial Notice: Four Must-Know Rules

Evidence at Trial

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.