The primary purpose for introducing an item of evidence is case proof: proving or disproving an element of the plaintiff’s claims or the defendant’s affirmative defenses.
A New Way to Think About Evidence, Part 3
Steps to becoming proficient in laying an evidentiary foundation to introduce evidence.
The Reptile’s Court Track Record
The willingness of trial judges to allow Reptile evidence and arguments is very much a moving target. Today we explore a sampling of possible outcomes and discuss why lawyers on both sides must research whether their trial judge has any track record on this issue.
The Importance of Opposition Role Play
Many trial simulation exercises are doomed to produce unreliable feedback or outcomes. Here are some thoughts about that together with a possible solution.
Avoiding Procrastination at Trial
We often forget that Rule 403 also
precludes evidence that wastes the jury’s time. I like to refer to that as trial procrastination.
A New Way to Think About Evidence, Part 2
Witness Credibility: the other reason for introducing evidence.
