The Barrister’s Toolbox
A Resource for Trial Advocacy
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Coaching the Witness: How to Handle the Speaking Objection.
You are in a deposition and you are hammering an opposing witness. The witness has backed off of her speed estimate and is just about to concede she has no real basis to estimate her speed when the opposing attorney interrupts and launches into a speech: Q. So, you would have to guess or speculate…
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Motion in Limine: An Effective Pretrial Tool and Weapon (Part 4)
Why do you need a motion in limine you may ask? Because the other side will try to unfairly muddy the water. The defense is just like an octopus hiding behind a cloud of black ink, they try to obscure your view with their arguments and B.S. However, all you have to do is just move…
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Motion in Limine: An Effective Pretrial Tool and Weapon (Part 3)
A “red herring” is normally used by people to divert the attention of others from something important; from the central point that is being considered. A “herring” is a kind of fish that turns red only when it is “cured” – that is, when it is smoked and salted. Such a fish emits a very strong smell and in the…
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Motion in Limine: An Effective Pretrial Tool and Weapon (Part 2)
Here are some additional topics to consider: Unnecessary Medical Treatment. You should preclude or prohibit the defense counsel from alleging or arguing that plaintiff’s accident-related medical expenses are unnecessary or unreasonable. All damages directly attributable to the wrong are recoverable by the victim. The law also typically allows an injured plaintiff to recover reasonable…
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Motion in Limine: An Effective Pretrial Tool and Weapon (Part 1)
I plan on writing a series of posts dealing with motions in limine and the topics you may wish to cover. A Motion in Limine is a motion made for a protective order against prejudicial questions and statements, which if heard by the finder of fact, would prevent a fair and impartial trial. The focal…
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