Question: What is a “recorded recollection” and how does it relate to the hearsay rule? Answer: This rule allows a witness to refresh their recollection from a writing and potentially put that wri...
What is the “Golden Rule” and are attorneys allowed to use it during their closing arguments?
Question: What is the “Golden Rule” and are attorneys allowed to use it during their closing arguments? Answer: The “Golden Rule” is a rule from the Bible that states “do unto others as you ...
What does a separation of witnesses mean in a trial?
Question: What does a separation of witnesses mean in a trial? Answer: The purpose of a separation of witnesses order is to prevent the testimony of one witness from influencing that of another. Once ...
What are “Learned Treatises” and are they admissible in court?
Question: What are “Learned Treatises” and are they admissible in court?Answer: Yes, they are admissible in order to test the learning of a witness who testifies as an expert, to refer to ...
Can a lawyer personally vouch for a witness in an argument to the jury?
Question: Can a lawyer personally vouch for a witness in an argument to the jury?Answer: Lawyers may not argue the credibility of witnesses at trial based upon their own personal knowledge or anything...
When you have the burden of proof, are you entitled to do opening and closing statements?
Question: When you have the burden of proof, are you entitled to do opening and closing statements in civil and criminal cases?Answer: Yes. See below. In a criminal case after the jury is impaneled an...
What is a “motion in limine”?
Question: What is a “motion in limine”? Answer: It is a preliminary ruling by the judge on what evidence may or may not be presented to the jury. A ‘motion in limine’ is a moti...
Is the lack of a driver’s license or a motorcycle endorsement admissible evidence that that person was somehow negligent in causing a collision?
Question: Is the lack of a driver’s license or a motorcycle endorsement admissible evidence that that person was somehow negligent in causing a collision?Answer: No. There must also be some evid...
Can an attorney strike a prospective juror based solely on their race, ethnicity, or gender?
Further, a number of courts require that the party opposing a peremptory strike of a juror on the basis of similar non-struck jurors must make an explicit side-by-side juror comparison to the trial co...
When should a civil trial judge grant a mistrial?
Question: When should a civil trial judge grant a mistrial?Answer: Only when less severe remedies will not satisfactorily correct an error. A mistrial is an extreme remedy that is warranted only when ...