When admissibility is the issue
Article Abstract:
Attorneys trying to get evidence admitted for use in a trial can follow several guidelines to minimize the number of items denied by the judge. First, they should get as much as possible marked and admitted in before the trial. In the trial itself, they should show that excluding the item would be unfair, and provide a supporting, neutral rationale. Knowing the rule by number averts many challenges. Evidence inadmissible under one rule is often admissible under another, perhaps for a subtly different purpose.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
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Making evidence: how a lawyer presents the available facts is crucial to a case
Article Abstract:
Making evidence requires that a lawyer creatively approach and present facts to make a point. It may mean asking what a plaintiff did to avoid a problem to which the defendant contributed, or highlighting an exaggeration made by the other side in a trial. Such creativity also requires not giving a false impression to the jury, and not grandstanding one's self-importance. It is in many ways the hardest part of trial preparation, but it can be the most rewarding.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
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The art of objecting; making the judge want to rule in your favor
Article Abstract:
Making trial objections is an art, and attorneys differ in their ways of making persuasive ones to the trial judge. Credibility is the key, and attorneys' ability to make the human impact of what they are objecting to felt is important. Citing civil procedure rule numbers to back up courtroom objections can be persuasive. If the trial judge is resisting, short memos giving relevant appellate decisions that have reversed trial courts can be helpful.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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