Generally speaking, when we seek to introduce real or original evidence in trial we need to authenticate this evince before it will be accepted into evidence by our trial judge. This requires you, as counsel, to demonstrate an “identification of physical evidence”. This identification process involves having the witness identify the evidence as […]
In some cases we may benefit from having an expert advise the jury. These cases typically involve issues which are complex and beyond the comprehension of the average juror. For example, in an injury case it is typical for the plaintiff to put on a medical doctor who can opine upon the injuries the plaintiff […]
Be advised that I write these blogs/articles for my, Eric Roy, and my staff’s benefit. Most of the information regarding this specific topic comes from the teachings of Rick Friedman and Patrick Malone. These are two of the most respected trial attorneys in the country. For a thorough understanding of these ideas please […]
NRCP 16.1 governs pretrial discovery requirements. Section (a) governs required disclosures. There are three areas of required disclosures which are broken down into section (1), (2), and (3). These disclosures cover initial disclosures, expert testimony disclosures, and pretrial disclosures. They are explained below. Section (1) of NRCP 16.1 governs initial disclosures. Parties to litigation have […]
In this digital era, it is increasingly common to introduce correspondence preserved for trial which was initially transmitted by electronic means. People prefer to communicate via email these days as opposed to transmitting letters by regular mail. Thus, this poses the question as to how such electronic messages can be authenticated. Generally speaking, we […]
As trial approaches we, as trial counsel, should reach out to opposing counsel in an effort to formulate any stipulations possible with respect to the admission of evidence. When we can get opposing counsel to stipulate to the authentication of our evidence all the better as we don’t want to waste trial time […]
