Civil Litigation Brief

AUGUST 22, 2024

Anyone involved in civil litigation will spend a great deal of their time reading witness “evidence” which, in reality, is no such thing. Witness statements tend to be seen as an opportunity to put forward opinions, submissions and innuendo.

Witnesses 97

Witnesses Evidence Litigation 97

IP Watchdog

JULY 23, 2024

International Trade Commission” (ITC), featuring four witnesses, most of whom were advocating for reforms to the current ITC process that many would characterize as anti-patent. The House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet today held a hearing, titled “IP Litigation and the U.S.

Witnesses 105

Witnesses Litigation Technology 105

Attorney at Work

AUGUST 11, 2022

Remember your frustration when a witness did this in deposition? You can move to strike as non-responsive, but it still may not get you an answer from an inarticulate witness. Have you watched a debate or interview where you wanted to scream, “You didn’t answer the question!”? What you watched was a pivot. Don’t be those people.

Witnesses 338

Witnesses Depositions Litigation 338

Civil Litigation Brief

JUNE 26, 2024

Yesterday I wrote about the large numbers of posts about expert witnesses on this blog. These are probably matched by the cases that deal with judicial criticism of witness statements. Again this is a topic where, in choosing one post,

Witnesses 69

Witnesses Evidence 69

Law Sites

JULY 9, 2024

A cardiologist with a background in medical technology, computer science and artificial intelligence has launched a product for legal professionals and physician expert witnesses that targets the tedious task of reviewing and analyzing thousands of pages of medical records.

Witnesses 204

Witnesses Technology Trial Preparation Litigation 204

Civil Litigation Brief

JULY 16, 2024

On the 18th July I am giving a webinar “Drafting witness statements in high value personal injury claims: A guide for Grade C fee earners (and those who supervise them)”, booking details are available here. THE REASON FOR THE WEBINAR.

Witnesses 83

Witnesses Evidence 83

Attorney at Work

SEPTEMBER 2, 2021

The other day, a solo who operates his firm out of the same building as me had a court appearance that involved calling witnesses. He was set up in the conference room with his video camera and microphone, and his witnesses waited in our lobby when they weren’t testifying. She has even been helpful with people who aren’t my clients.

Witnesses 348

Witnesses 348

E-Discovery LLC

DECEMBER 21, 2024

Can a witness authenticate a video if the video contains images that the witness did not see? And, special thanks to guest blogger, Marris Hoffee , for Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine Is a Composite Video Admissible and Can a Police Officer Narrate It at Trial?

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

Attorney at Work

JULY 16, 2021

The videographer will not only manage the logistics of recording the proceeding, but will also “ensure that a video deposition is properly recorded with established procedures to go on or off the record, limit noise and interruptions, address technical glitches, and frame the camera view on the witness” (cited from decision above).

Depositions 363

Depositions Exhibits Witnesses Admissibility 363

Civil Litigation Brief

AUGUST 12, 2024

In KSY Juice Blends UK Ltd v Citrosuco GmbH [2024] EWHC 2098 (Comm) HHJ Pearce (sitting as a Judge of the High Court) observed that the requirements for drafting witness statements in PD57AC were “more honoured in the breach than.

Witnesses 72

Witnesses Evidence 72

Your Trial Message

SEPTEMBER 24, 2024

Ken Broda-Bahm: As they enter a deposition room, or approach the lectern for cross-examination at trial, opposing counsel is looking for an opportunity to make a few memorable points at your witness’s expense.

Witnesses 52

Witnesses Cross-Examination Depositions 52

Law Sites

MARCH 12, 2024

Proxiio says that it offers customers legal services delivered by a team of skilled lawyers with deep knowledge and experience in areas such as managed review, litigation and investigation, e-discovery, witness preparation, claims evaluation, data subject access requests (DSARs), contracts, and compliance management.

Litigation 261

Litigation Legal Services Discovery Witnesses 261

Civil Litigation Brief

DECEMBER 20, 2024

In Waite v Skilton & Ors [2024] EWHC 3153 (Ch) Mr Recorder Adrian Jack (sitting as a High Court Judge) considered the practical problems that can arise where a witness gives evidence at trial following service of a witness summary.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

DECEMBER 18, 2024

In Milford Investments Ltd v Lanyon Bowdler LLP [2024] EWHC 3227 (Comm) we see yet another example of a witness statement that does not comply with the rules. Although the defendant did not argue that the statement should not be.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

JULY 26, 2024

In Seaton Management Ltd v Evans-Jones [2024] EWHC 1883 (Ch) ICC Judge Barber refused the respondent’s application for relief from sanctions when a witness statement was served three weeks late. “The matters addressed in the Respondent’s skeleton argument on.

Witnesses 72

Witnesses Evidence 72

IP Watchdog

JUNE 6, 2023

The House of Representatives’ Subcommittee on Courts, Intellectual Property, and the Internet today held a hearing titled “IP and Strategic Competition with China: Part II – Prioritizing U.S.

Witnesses 128

Witnesses Technology 128

Civil Litigation Brief

AUGUST 26, 2024

We are looking again at the skills necessary to take accurate witness statements. Here we revisit a real gem of an article by Ula Cartwright-Finch and Alex Waksman of Herbert Smith Freehills on the accuracy of witness statements and the.

Witnesses 52

Witnesses Evidence 52

Your Trial Message

SEPTEMBER 10, 2024

By Dr. Ken Broda-Bahm: Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted directly against the other, jurors will sit forward a bit in their seats to see who gets the better end of […]

Witnesses 52

Witnesses Cross-Examination 52

Civil Litigation Brief

NOVEMBER 5, 2024

In Bond & Anor v Webster & Ors [2024] EWHC 989 (Ch) Master Bowles (sitting in retirement) granted an application to strike out parts of a witness statement that referred to an offer made at a without prejudice meeting.

Witnesses 52

Witnesses Evidence 52

Civil Litigation Brief

AUGUST 15, 2024

For the third time this week I find myself writing about judicial criticisms of the way in which witness statements have been prepared. This case has by far the most excoriating comments. In Fulstow & Anor v Francis [2024] EWHC.

Witnesses 59

Witnesses Evidence 59

Attorney at Work

MAY 28, 2022

This can take many forms, but typically opposing counsel will make many speaking objections, instruct the witness how to answer, or sometimes tell you how to run the deposition. Opposing counsel may try to intimidate you during a deposition, hoping to fluster you if you are inexperienced.

Depositions 235

Depositions Objections Witnesses Discovery 235

Civil Litigation Brief

DECEMBER 1, 2024

The defendant did not call the one witness that had first hand knowledge of conversations and other. We are looking again at the judgment of HHJ Berkley in Melia & Anor v Tamlyn And Son ltd [2024] EWHC 3002 (Ch).

Witnesses 52

Witnesses Evidence 52

Expert Witness Blog

AUGUST 7, 2024

City of Lee’s Summit , the expertise of an Aquatics Expert Witness was crucial. Introduction In the recent case of Evans v. This case involved a lawsuit concerning a waterpark breach of contract related to lifeguard operations and safety standards. Continue reading

Witnesses 52

Witnesses 52

Civil Litigation Brief

NOVEMBER 4, 2024

When matters get to trial the issue for the judge to determine is often that of witness credibility. Little thought is given by practitioners to how the judge is going to assess the credibility of witnesses, their own side’s witnesses.

Witnesses 52

Witnesses 52

Civil Litigation Brief

SEPTEMBER 13, 2024

This time looking at the issues relating to witness statements. We are returning to the judgment of Chief Master Shuman in In IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch). There is a detailed consideration of the rules,

Witnesses 52

Witnesses Evidence 52

Attorney at Work

MAY 24, 2022

If you are engaging outside services — from specialized counsel to expert witnesses — do your best to manage their costs, just as you would do with your own. If there are things outside your control or not included in the fee, provide a detailed list and, if possible, estimate those items as well. Hold the line on expenses.

Witnesses 340

Witnesses Legal Services 340

Expert Witness Blog

AUGUST 16, 2024

the expertise of a Biomechanics Expert Witness was crucial. Introduction In the recent case of Trice v. Dorel Juvenile Group, Inc. ,

Witnesses 52

Witnesses Manufacturing 52

Civil Litigation Brief

JULY 17, 2024

In Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) ICC Judge Barber allowed a respondent’s application for relief from sanctions when witness evidence was served late. The Denton test was considered and, although the respondent could not.

Evidence 69

Evidence Witnesses 69

E-Discovery LLC

SEPTEMBER 1, 2024

Neither of the testifying detectives witnessed the events about which they testified. The Maryland Supreme Court recently held that a witness can authenticate a video that contains images the witness did not see. Can a witness authenticate a video if the video contains images that the witness did not see?

Admissibility 130

Admissibility Witnesses Evidence Exhibits 130

Expert Witness Blog

JULY 29, 2024

633 (2023), the expertise of a Mapping & Surveying Expert Witness was critical. Introduction In the case of Lamb v. Styles & Alan B. Styles Land Surveying, PLLC , 263 N.C. Continue reading

Witnesses 52

Witnesses 52

Civil Litigation Brief

NOVEMBER 10, 2024

In terms of preparation of client’s case, and prospects of success, witness statements are crucial. The rules only allow the witness to give additional evidence in exceptional circumstances. Many cases that go to trial are, in essence, about the credibility.

Witnesses 52

Witnesses Legal Arguments Evidence 52

E-Discovery LLC

NOVEMBER 25, 2024

26(a) initial disclosures, “which do not identify a single corporate witness by name, much less the subject(s) of information possessed by each witness,” were inadequate. In my words, the Kinnee court denied a joint motion to approve an ESI Protocol because the defendants’ Fed.R.Civ.P. 5, 2024), where the court in Orlando Health, Inc.

Discovery 130

Discovery Witnesses Manufacturing Litigation 130

Your Trial Message

AUGUST 14, 2024

By Dr. Ken Broda-Bahm: When it comes to the delicate task of preparing a witness for deposition or trial, everyone has their own style. It is also true that every witness will have their own needs. Some know the drill already and just need to discuss the facts, while others can be uncertain, stressed, or […]

Witnesses 52

Witnesses Depositions Litigation 52

Expert Witness Blog

AUGUST 22, 2024

2023), the testimony of an Admiralty & Maritime Expert Witness played a pivotal role. Introduction In the recent case of Kenai Ironclad Corp. CP Marine Services, LLC , No. 22-30311 (5th Cir. This case involved a breach of contract related to the repair and conversion of an offshore supply vessel. Continue reading

Witnesses 52

Witnesses 52

Civil Litigation Brief

JUNE 20, 2024

“WITNESS STATEMENTS ARE FOR FACTS: KNOWING THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS (AND WHY IT MATTERS)” It is very interesting to. As part of the 11th anniversary process I am looking at a blog that was written in June 2014.

Evidence 119

Evidence Witnesses 119

Attorney at Work

APRIL 13, 2022

As a newbie lawyer, I was taught that when a witness starts a statement with “To tell the truth” or “Honestly,” they are almost surely lying. When You’re on the Receiving End of Junk Phrases. When you hear junk phrases, do you struggle not to roll your eyes in reaction? Those junk phrases were a signal not to believe the speaker.

Witnesses 259

Witnesses 259