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Blog Posts in August, 2015

Final Blog on Privileges

We know that logically and legally relevant should be admitted so as to assist the trier of fact in reaching a proper ruling or verdict. That being said we also know that there are times when even ...
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More on Privileges and their Exceptions

Remember that logically and legally relevant evidence is generally admissible at trial. Moreover, generally this evidence must be turned over if sought by opposing counsel. In other words, one party ...
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Privilege Concepts

As we prepare for trial we need to have a good idea of what material we are required to turn over to the other side and what material we can refuse to turn over on the basis of an evidentiary ...
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Anticipating and Overcoming Challenges from the Court

When preparing for trial, like many other endeavors in this life, it is best to hope for the best but to plan for the worst. In other words, you need to draw up your opening statement, closing ...
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Pre-Trial and Trial Posture

As trial lawyers it is incumbent upon us that we proceed to trial with haste. To that end it seems fitting that we pursue each and every case as though that case is destined to be tried. I think that ...
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Legal Relevance Limitations, Beyond Credibility Considerations

We have discussed on prior occasion how the law sometimes applies limitations to what would otherwise be perfectly relevant credibility evidence. Those same evidentiary limitations may by the same ...
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Impeachment and its Limitations

Whenever a witness takes the witness stand in trial that witness's credibility becomes an issue in the case. For this reason you as counsel have the ability to impeach a witness in an effort to ...
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Legal Relevance

For evidence to be relevant it must have some tendency to make the existence of a fact in issue more or less likely to be true. That being said, there are times when evidence which may be relevant per ...
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