News & Analysis as of

Federal Rules of Evidence Witnesses

Holland & Hart - Your Trial Message

Witnesses, Remember Confidence is a Behavior

Testifying, whether in a deposition or in trial, can feel pretty threatening. Particularly if you’re a named defendant in a lawsuit, you know you’re going to be the target. But even when you’re on the other side, or you’re an...more

Lowndes

Deposition Basics: What to Expect and How to Prepare

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As a litigator, I routinely prepare clients for depositions. A deposition is a pre-trial procedure where a party or witness in a legal case provides sworn testimony outside of a courtroom. A lawyer asks questions of the...more

Array

This Week in eDiscovery: Balancing Sufficient Discovery Against Over-Collection | AI-Generated Evidence

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of November 3-9. Here’s what’s...more

Stange Law Firm, PC

What is hearsay in divorce and family law matters?

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Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more

EDRM - Electronic Discovery Reference Model

Authentication of Entire Video When Witness Observed Only Part of the Events Portrayed in the Video

Can a witness authenticate a video if the video contains images that the witness did not see?  In Md. Supreme Court to rule on Baltimore criminal case involving video authentication – Maryland Daily Record...more

Husch Blackwell LLP

A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in...

Husch Blackwell LLP on

Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?...more

Frantz Ward LLP

Just What I Wanted for the Holidays: Changes to the Federal Rules of Evidence

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There is an adage that lawyers learn the version of the rules of evidence and procedure that are current when they are in law school and then do not look at them again. While that is (hopefully) an exaggeration, it is always...more

Holland & Knight LLP

Podcast - Finding the Balance

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In the fourth episode of his "Ethical Witness Preparation" podcast series, "Finding the Balance," litigation attorney Dan Small draws a parallel between witness preparation and translating different languages. Mr. Small also...more

Holland & Knight LLP

Podcast - A Tortured Journey with the Lying Witness

Holland & Knight LLP on

In the third episode of his "Ethical Witness Preparation" podcast series, "A Tortured Journey with the Lying Witness," litigation attorney Dan Small takes an in-depth look at a Massachusetts Supreme Judicial Court Rule and...more

McDonnell Boehnen Hulbert & Berghoff LLP

HVLPO2, LLC v. Oxygen Frog, LLC (Fed. Cir. 2020)

Expert witness testimony is a frequent (almost ubiquitous) feature of patent litigation, if only because questions of the state of the art or the understanding of one having ordinary skill in the art are almost always at...more

Eversheds Sutherland (US) LLP

Truth be told – witness preparation in Singapore, Hong Kong and the United States

Working with clients and witnesses internationally poses unique issues for attorneys and their clients. What may be considered best practices in the United States may be restricted or even forbidden in other jurisdictions....more

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