The Barrister's Toolbox

Keep in Mind that Judges Are Only Human

Trial Advocacy, Jury Selection, dos and don’ts

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advocacy, challenges for cause, Jury, Jury selection, Jury trial, Marking Exhibits, Trial, Trial Work, Voir dire

Deposition of a Party or Witness and the Power of Dignified Demeanor

depositions, dos and don’ts, testimony, Trial Advocacy

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Calling Out Meaningless Expert Disclosures in Medical Malpractice Cases

Uncategorized

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Discovery, expert disclosures, Expert Witness, medical malpractice, Motion in limine, Rule 26(e)

December 14, 2016

Discovery, Privacy, Personal Freedom and Social Media

I don’t see myself as a hero because what I’m doing is self-interested: I don’t want to live in a world where there’s no privacy and therefore no room for intellectual exploration and creativity. Edward Snowden There is an assault on our privacy. We need look no further than headlines involving Russian hacking of our…

computer, Discovery, Evidence, Facebook, Fishing expedition, Privacy, Rule 26, Rule 34, Trial Rules
June 29, 2016

Leaders, Loners and the Art of Jury Selection.

Often times you cannot eliminate troublesome jurors. This can be a real problem since developing challenges for cause against an unfavorable juror can be difficult and at times impossible. In such cases, you want to use your peremptory challenges against such persons if they will affect the outcome of your case. In federal capital cases, both…

Jury Selection
June 22, 2016

When silence is golden… The tacit admission.

Indiana Rule of Evidence 801(A) provides: A “statement” is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.A tacit admission may be made when a person remains silent or makes an equivocal response to an accusation which the person would ordinarily be expected…

Uncategorized
May 10, 2016

Don’t Let Your Adversary Spoil Your Case.

Don’t let your opponent spoil your case by destroying or obfuscating evidence relevant to your case through spoliation of evidence. “First party” spoliation refers to spoliation of evidence by a party to the principal litigation, and “third party” spoliation refers to spoliation by a non-party. Gribben v. Wal-Mart Stores, Inc., 824 N.E.2d 349, 350 (Ind. 2005).…

Evidence
April 29, 2016

Motion in Limine: An Effective Pretrial Tool and Weapon – Wrongful Death & Remarriage (Part 6)

The defense oftentimes wants to muddy the waters and misdirect or sway the jury away from a person’s cause with information that is irrelevant or unfairly prejudicial. Wrongful death cases are no exception and remarriage is one of those topics. Fortunately, Indiana court’s have joined the majority of jurisdictions which have prohibited such tactics by…

Trial Advocacy