The Barrister’s Toolbox

A Resource for Trial Advocacy

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  • Motion in Limine: An Effective Pretrial Tool and Weapon (Part 5)

    Here are a few additional topics to cover in your motion in limine to keep red herrings from finding their way into your case: EXPRESSION OF REGRET OR APOLOGY BY DEFENDANTS Defendants should be prohibited from expressing any apologies or statements of regret to the jury in connection with the above-referenced matter, as whether one…

  • Habit Forming Evidence

    Evidence of habit can be quite useful since it can help fill-in details forgotten by a witness in dealing with routine matters or procedures. This rule of evidence provides: Rule 406. Habit; Routine Practice Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless…

  • Why Character Matters

    Such evidence is generally not admissible unless “character” is at issue. Ind. R. Evid. 404(a). Indiana Rules of Evidence 404, 405, 607, 608 and 609 deal with this area of law. Reputation of a person’s character among associates or in the community is a noted exception to the hearsay rule. Ind. R. Evid. 803(21). These…

  • Collecting Evidence Through Discovery: Evidence Considerations

    Understanding the foundational requirements for the admission of documentary evidence helps you collect evidence in a format that will assist you and your staff in satisfying the evidentiary hurtles raised by objections based upon authenticity and hearsay. When collecting evidence, you have a number of discovery tools available to you that can eliminate the need…

  • Admissibility Checklist

    QUESTION #1: Is it Authentic? (If Not, How do I Authenticate/Identify the Evidence?) Is the item the “Real McCoy”? Is it what you say it is? To establish that an item is “authentic,” think about the problem from the standpoint of how you determine whether anything you come in contact is “real” versus being a…