Evidence at Trial II

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Evidence at Trial II

In Evidence at Trial II, Herb Stern shows how to shape your case for maximum effectiveness using two tools: the motion in limine and voir dire of witnesses.  You'll learn the trial techniques that create a forceful winning impression on a judge and jury.

Comparison of all Evidence courses: Evidence I and II cover how to present evidence at trial, how to get documents in or keep them out.  Evidence Exhibits and Experts covers the rules of evidence and how to use them to your advantage.

See an excerpt below the description from:  Trying Cases to Win, Evidence at Trial II that discusses the voir dire and motions in limine.

Key Points Covered:

  • Credibility of witnesses on voir dire
  • Differrences in voir dire in presence or absence of jury
  • Taking discovery in absence of jury
  • Using Rule 602 to obtain voir dire
  • Authentication of voices
  • Rule 803 (2): excited utterance
  • Rule 803 (1): present sense impression
  • Rule 803 (24): the catch-all exception to the hearsay rule

Detailed Course Outline

Explanation of motion in limine
Explanation of voir dire
Credibility of witnesses on voir dire
Poison the well
Differences on voir dire in presence or absence of jury
Take discovery in absence of jury
Voir dire before oral testimony
The Buster problem
Analysis of the problem
Use Rule 602 to obtain voir dire
Motion in limine by using Rule 602
Do not educate witness
Rules 803(1) and 803(2)
Try to avoid objecting in the presence of the jury
Do not move for mistrial in jury's presence
Do not call witness by given name
Use of transition questions
Authentification of voices of conversation
Repetition of answers in next question
Repetition by calling for detail
Argue through witness and get "Wimbledon effect”
Rules 803(1) and 803(2) and the catchall
Rule 104(a): Who has the burden of proof on the offer
Direct on the voir direCorss-examine on the voir dire
Rulings after voir dire
Direct examination before jury continues
Cross examination before jury
How to use prior inconsistencies to impeach
Rule 613(a)

Viewing Time: 1.5 hours

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