The Barrister’s Toolbox
A Resource for Trial Advocacy
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Polling a Jury: How to Keep Yourself Out of La La Land…
So the clerk finishes reading the jury’s verdict and your client has just lost. What do you do? Why read the jury rules: RULE 30. JUDGE TO READ THE VERDICT When the jury has agreed upon its verdict, the foreperson shall sign the appropriate verdict form. When returned into court, the judge shall read the…
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Expert Witness Reports – Avoiding Litigation Sand Traps – What They Should and Should Not Include
You have hired an expert and are in need of a report or findings for you expert disclosures. What do you do? Here is a short checklist of things to consider: 1. Compliance with Federal Rule of Civil Procedure 26. This probably is a good place to start. The Rule provides in pertinent part…
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Top Mistakes in Choosing Experts
Here they are… 1. Hiring an expert too late. Experts can be helpful and sometimes essential in properly investigating and evaluating a case. They can provide guidance in drafting discovery requests and determining whether information has been overlooked, withheld or lost. They are also invaluable in assisting in deposition preparation and questioning of the…
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Screen Your Expert and Treat Your Case Right by Avoiding Any Big Tricks…
An area which is often overlooked is screening your expert. This is important. Treat it like you would a major purchase, because it is. (a) Review and verify Curriculum Vitae. You can devastate an expert if he lies on his CV. I have done this before with experts who had a long history of…
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Setting the Table for Admitting Your Expert’s Testimony.
To serve your expert’s testimony up to a jury you must consider and establish the following: 1. Qualifications. You need to know precisely what you are using your expert for, and then determine if the expert’s scientific, technical, or other specialized knowledge will help the trier-of-fact to understand the evidence or to determine a particular…
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