Trial Practice Guidance, Federal Rules of Evidence

Deposition Basics: What to Expect and How to Prepare

Lowndes on 7/16/2025

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

Where Appeals Begin

Chartwell Law on 2/27/2025

I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more

Working with Experts after Proposed 702 Rule Changes

IMS Legal Strategies on 1/12/2023

On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure approved amendments to several of the Federal Rules of Evidence—including Rule 702, which governs the admissibility of expert witness...more

Voluntary Disclosure of a Communication with Counsel: The CT Appellate Court Recognizes “Subject Matter” Waiver

Pullman & Comley, LLC on 7/5/2022

Accordingly, we hold that the voluntary disclosure of a privileged attorney-client communication constitutes a waiver of the privilege as to all other communications concerning the same subject matter when the trial court...more

Podcast - Finding the Balance

Holland & Knight LLP on 6/30/2022

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

Don’t Be Bringin’ on the Heartbreak: Are Statements Made During OSHA Informal Conferences Admissible?

Fisher Phillips on 3/27/2019

The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. ...more