Remove Evidence Remove Jury Instructions Remove Witnesses
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DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

The reality is that a jury, following the jury instructions can find significant negligent conduct they object to, but conclude it did not cause the harm plaintiff is complaining about. Here are some thoughts about doing that There is a distinct connection of thought between evidence of cause and circumstantial evidence.

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CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

Opening statement, witness examination & summation Depositions  Review all depositions & index for access at trial  Create summary of relevant testimony with index to access at trial  Decide how to use at trial. .  Index & make summary of relevant information for use at trial. Decide how to use at trial.

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Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

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USING A “REPTILE” STYLE OPENING STATEMENT

Plaintiff Trial Lawyer Tips

Based this argument on jury instruction Cover each item one by one & explain 7 WHAT CAN THE JURY DO ABOUT IT? We are simply explaining the relevant industry standards and regulations that will be presented as evidence to show how the defendant’s actions fell below the required level of care.

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

Evidence at Trial

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. If a key piece of evidence is excluded, pivoting to "Plan B" is essential. Last month's Strobel v.

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2024 Litigation Resolutions for All Litigators

Sound Jury Blog

From a time standpoint, it can also be used to jumpstart a number of activities that you need to tackle anyway: your jury selection strategy, writing opening, creation of graphics, and writing of witness outlines. This year, kill multiple birds with one jury research stone.

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Getting Back to Basics in Trial Planning

Sound Jury Blog

During mock trials and in trial postmortems, attorneys seem especially angry about jurors “not understanding the case,” “not applying the law,” and/or “ignoring (forgetting) critical evidence.” While it’s likely an obvious list, it’s a list that is often ignored or forgotten – a bit like much of the evidence in trial. by this witness).