California Evidence Code section 1101(b) and its federal counterpart, FRE 404(b), allow the attorney to offer into evidence similar behavior of a person or entity if “relevant to prove some […]
Character evidence is evidence that suggests that a person or entity has a propensity to act in a certain way. It’s powerful evidence, so powerful that it tends to overwhelm […]
When you cross-examine a witness, you’re generally trying to (1) elicit relevant information, or (2) impeach the witness’s credibility. Key to impeaching a witness is control. It’s usually best, therefore, to ask only those questions to which you can correctly anticipate the answers.
This is the eighth article in the ongoing series on trial evidence by Tim Hallahan.
by Tim Hallahan Competence Competence relates to witnesses, not to evidence. Two issues arise: (1) Is the witness competent to testify about a particular subject? (2) Is she competent to […]
Exhibits This article is the sixth in a multi-part series on trial evidence. Exhibits are crucial in most trials: they seem to have more inherent credibility than oral testimony, they […]
Hearsay Exceptions This article is the fifth in a multi-part series on trial evidence. Hearsay exceptions are based on a combination of reliability and need. The justification for most exceptions […]
Hearsay Hearsay is the second core trial evidence issue (after Relevance) and probably the most misunderstood. The difficult issue with hearsay is not whether one of the many exceptions apply–they’re […]
Form of Question: Direct Examination Form of the question objections are mostly based on California Evidence Code section 765 and Federal Rule of Evidence 611(a). These provisions give the trial […]
If you want to be an effective trial advocate, you must understand the issue of relevance. Such understanding will boost your chances of persuading a judge to admit or deny […]