The Barrister’s Toolbox

A Resource for Trial Advocacy

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  • X-Rays: How to Get Them into Evidence.

    X-ray are essentially a type of photograph and are admissible if: 1.The x-rays are authenticated, and 2.The x-ray technician’s competence is shown. The sponsoring witness must establish that the x-ray is a “true and accurate representation of the evidence portrayed.” Lewis v. State, 730 N.E.2d 686, 690-691 (Ind. 2000), citing to, Labelle v. State, 550 N.E.2d 752,…

  • Medical Records: Potential Problems You May Encounter in Entering Them Into Evidence

    Medical Records and Charts:  In most personal injury cases an attorney will be required to present medical records in order to prove their client’s claims.   Careful attention needs to be paid to satisfying the requirements  of the Rules of Evidence or key evidence could be excluded at the time of trial.  If a stipulation of admissibility cannot be…

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  • Writings, Recordings and Photographs: How to get them into evidence.

    In addition to the hurdles imposed for dealing with hearsay and opinions, writings, recordings and photographs have to be properly authenticated as being true and accurate representations of what they depict or have documented. When you cannot obtain a broad stipulation that an item of evidence is admissible, then you need to address the requirements of authenticity.…

  • Sexual-Assault, Child Molestation and Sex-Offense Cases

    Indiana Rule of Evidence 412 provides: Rule 412. Evidence of Past Sexual Conduct (a) In a prosecution for a sex crime, evidence of the past sexual conduct of a victim or witness may not be admitted, except: (1)        Evidence of the victim’s or of a witness’s past sexual conduct with the defendant; (2)       …

  • Evidence of Subsequent Remedial Measures

    Indiana Evidence Rule 407 provides: When after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. The rule does not require the exclusion of evidence of subsequent…

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