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Civil Trial Practice
Overlooked Gems (or Traps) For Trial Lawyers, by
Sean Michael Reagan.
The Texas Civil Practice & Remedies Code is filled with traps for the unwary and contains numerous interesting rules of law that can operate as both a shield and a sword in the litigation battlefield. Included below are several overlooked or unrecognized provisions of the Civil Practice & Remedies Code that trial lawyers should be aware of.
Texas.
2 pages. Written:
2008. Added:
7-31-2008.
State Bar of Texas Litigation Section
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Civil Trial Practice
The Texas Supreme Court Continues to Shape the Law of Voir Dire, by
Sean Reagan.
The Texas Supreme Court continues to shape the law of voir dire with regard to striking a veniremember for cause by holding that a veniremember’s statement that he would hold the plaintiff to a clear and convincing standard of proof in a health care liability case, rather the proper preponderance of the evidence standard, was not grounds for disqualifying the veniremember for cause.
Texas.
2 pages. Written:
2008. Added:
7-11-2008.
Litigation Section
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Civil Trial Practice
Use Trial Technology but Don't Overdo It, by
Gregg LoCascio.
This article talks about how they use litigation technology, and why sometimes they don't. Trial lawyers like the capabilities of the new litigation software, and many have grown quite comfortable going to the digital screen. As Robert Abrams notes, "It's not magic. It's what trial lawyers should know, or they're not going to be good trial lawyers.
Non-Specific.
1 pages. Written:
2008. Added:
7-04-2008.
www.law.com
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Civil Trial Practice
Top Things to Do When Collecting Electronic Evidence , by
Joan E. Feldman.
Send a preservation-of-evidence letter; include definitions, instructions, and specific questions in your written discovery; collect backup tapes and removable media; make image copies; write-protect and virus check all media; preserve the chain of custody; and hire an expert.
Non-Specific.
1 pages. Written:
2008. Added:
6-25-2008.
www.abanet.org
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Civil Trial Practice
It’s a Deal—or Is It?, by
Shari L. Steinberg and Jenny L. Floyd.
The case arose in the context of a motion to enforce a settlement that allegedly had been agreed upon during a settlement conference with the court but never reduced to a formal executed agreement.
Non-Specific.
3 pages. Written:
2007. Added:
5-10-2008.
New York Law Journal
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Civil Trial Practice
Mandamus Relief, Interlocutory Appeals, and Arbitration in Commercial Litigation, by
James R. Old, Jr. and Christopher B. Reed.
This paper will review the evolving mandamus standards in Texas courts. The paper will next review the legal regime governing interlocutory appeals and recent cases of commercial interest set in this procedural context. We conclude by examining the specific applications of these appellate procedures involving arbitration issues and
proceedings.
Texas.
20 pages. Written:
2008. Added:
4-20-2008.
24th Annual Litigation Update Institute
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Civil Trial Practice
Common Themes for a Successful Trial, by
Marlo Orlin Leach.
The theme keeps the jury focused on what you have determined is the key to the case. Some feel that the most difficult part of
preparing for trial is determining what theme best fits the case. You can also learn which
themes may not work at trial.
Non-Specific.
13 pages. Written:
2005. Added:
4-01-2008.
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Civil Trial Practice
Disparate Treatment of Pro Se Civil Litigants in Federal Court: A Justification for Resort to Inappropriate Self-Help?, by
Sean Harrington.
Reveals systemic practices and policies in the U.S. Court for the District of Colorado and Tenth Circuit to limit or deny access to the court for self-represented litigants without regard for pleading sufficiency, applicable law, legal doctrines, jurisdictional qualification or merit.
Federal.
1 pages. Written:
2008. Added:
1-18-2008.
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e-Discovery
Keep 'Smoking Gun' E-Mails From Backfiring, by
H. Christopher Boehning and Daniel J. Toal.
Articles discusses various objections to introducing electronic stored information (ESI) into evidence in civil trial practice, and ways to overcome objections, including admissibility, hearsay and original writings rule.
Federal.
3 pages. Written:
2007. Added:
11-13-2007.
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Civil Trial Practice
Masters in Complex Litigation & Amended Rule 53., by
David Ferleger.
Part 1 of this article reviews the functions of special masters in complex and structural litigation, including extensive citation resources intended to assist practitioners and courts. Part 2 details the new landscape established by the 2003 revision to Federal Rule of Civil Procedure 53.
Federal.
20 pages. Written:
2005. Added:
9-21-2007.
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Civil Trial Practice
Variations In Law Among the Jurisdictions “ Right to Jury Trial On Equitable Claims”, by
Fred A. Simpson.
The Texas Constitution guarantees citizens the right to a jury “in the trial of all causes, ”making no distinction between actions in law and actions in equity. Therefore, plaintiffs bringing purely equitable causes of action in Texas civil courts are entitled to jury trials on all factual issues.
Non-Specific.
24 pages. Written:
2005. Added:
5-05-2007.
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Civil Trial Practice
Jury Selection in the 21st Century, by
James L. Walker.
Although the process looks the same, the selection of a jury in the new millennium has radically changed. New technology, new techniques, and new jury panel demographics have transformed the process.
Non-Specific.
3 pages. Written:
2006. Added:
5-05-2007.
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Civil Trial Practice
Proving and Defending Damages, by
Stuart N, Ratzan, David W. Bianchi, Robert J. Aranda, Thomas P. Scarritt, Robert M. Stoler, Bradley R. Johnson.
Articles discuss proving dameges in a variety of civil cases, including personal injury, wrongful death, jury selection and civil pre-trial procedure.
Florida.
140 pages. Written:
2005. Added:
4-09-2007.
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Civil Trial Practice
Dodging the Bullet: Cross-Examination Tips for Computer Forensic Examiners, by
Craig Ball.
For some, it’s the best part of the job--the ultimate thrill ride that tests their skills and affords them the opportunity to shine. They understand that the jury reserves its closest attention for the cross-examination and that points made under fire leave the strongest impression.
Non-Specific.
14 pages. Written:
2005. Added:
3-19-2007.
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Civil Trial Practice
Litigation 201: Responding To Interrogatories, by
Kathryn C. Newman.
In the broadest sense, interrogatories are written questions from one party to another. They may concern any matter that is discoverable, meaning any matter not privileged that is relevant to the claims and defenses of any party, and need only be "reasonably calculated to lead to the discovery of admissible evidence.
Non-Specific.
4 pages. Written:
2006. Added:
3-16-2007.
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Civil Trial Practice
Summary Judgments In Texas, by
Judge David Hittner, Lynne Liberato.
Summary judgment practice is a technical procedure. This article examines the procedural and substantive aspects of obtaining, opposing, and appealing a summary judgment, reviews types of cases amenable to summary judgment, and, finally, provides an overview of federal summary
judgment practice.
Non-Specific.
140 pages. Written:
2006. Added:
3-16-2007.
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Civil Trial Practice
Preservation Of Error: Pretrial And Trial, by
D. Todd Smith, Fulbright & Jaworski L.L.P..
Although preservation requirements often sound simple enough in theory, in practice they can be difficult for even the most able trial lawyer. This paper focuses on
the preservation rules most frequently encountered in state court practice and highlights related federal court issues when appropriate.
Non-Specific.
55 pages. Written:
2005. Added:
3-16-2007.
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Civil Trial Practice
Jury Charge: Trends, Issues, And Uncertainties, by
Michael S. Truesdale, Diamond McCarthy Taylor Finley Bryant & Lee & Jeffrey S. Levinger, Carrington, Coleman, Sloman & Blumentha.
Challenges arise not only from case law, but also from legislative enactments imposing obligations that do not fit neatly within a generic broad-form submission model. This paper discusses some of the sources of tension between the broad-form goal and other influences encountered along the way when drafting a jury charge.
Non-Specific.
22 pages. Written:
2005. Added:
3-15-2007.
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Civil Trial Practice
Improving Jury Trial Results with Effective Voir Dire, by
David Landin & Lori Jarvis of Hunton & Williams.
Voir dire presents a unique opportunity to influence the outcome of a trial. Only during voir dire does counsel have the opportunity to listen to the panel members and to identify and remove potentially dangerous jurors.
Non-Specific.
7 pages. Written:
2006. Added:
3-08-2007.
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Civil Trial Practice
Adding a Forensics Accountant to Your Team, by
Kevin Flaherty.
Use of computer forensics expert witnesses in accounting cases to determine GAAP standards.
Non-Specific.
5 pages. Written:
2005. Added:
3-08-2007.
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