The Barrister’s Toolbox

A Resource for Trial Advocacy

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  • Litigation Against an Organization: Why you need to do a Rule 30(B)(6) deposition.

    If you are suing an organization, it is important that you familiarize yourself with the provisions of Rule 30(b)(6).  Rule of Procedure 30(b)(6) provides in pertinent part: Notice or Subpoena Directed to an Organization. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or…

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  • When is an Exhibit Sticker More Than an Exhibit Sticker?

    An exhibit sticker can do much more than identify an exhibit for the record. It can actually be used as an organizational tool to aid the jury in understanding what the exhibits are being used to prove, as well as, better understand your case and how it is being put together. When I was a…

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  • Integrity: A Client’s Most Valuable Asset

    Clients sometime forget what is their case’s greatest asset. It is not the great photos, their expert witness, or even their attorney. The greatest asset their case has is the Client’s integrity and credibility as a witness. If a claims adjuster, an insurance defense attorney or jury thinks your client is a liar why would…

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  • Distraction, Misdirection and the Art of Verbal Jujitsu.

    Distraction, misdirection and appeals to prejudice are common tools of the defense. Ideally, you keep these improper arguments or evidence from the jury through the use of motions in limine. However, sometimes this is impossible to do. What do you do to keep the jury from being mislead or distracted by meaningless side issues? How…

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  • Running The Back Door Play – Rule 104(a) and Preliminary Questions of Fact

    In basketball, a backdoor play is when a player without the ball gets behind the defense and receives a pass for an easy score. This can be executed if the defenders are unaware of the open space behind them. There is such a play available in the courtroom the defense may be unaware of as…