Oregon New Trial Lawyer Tips - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

Oregon New Trial Lawyer Tips

09.24.2015 – by Mike Arnold

I was watching a new lawyer try a case to the court (without a jury) recently and I made the following observations.

Don’t forget to move to exclude witnesses.You don’t want them testifying on what they just heard in court rather than their independent recollections. Memory is fragile and easily influenced.

Character Evidence: Even if you know it’s relevant for some other non-propensity purpose (such as in a family law trial) remember to object and make them state the purpose.  Otherwise, on appeal, the court can use it for whatever they want. If it’s a jury trial, get a limiting instruction (and litigate in advance).

Questions in aid of an objection: For example, if they are identifying and offering a piece of paper relevant to someone’s state of mind, ask a question in aid of an objection (i.e.,  “Did you see this document prior to X?”).  If no, object as irrelevant and hearsay.

Hearsay: Make your record. Even if you know that the witness is testifying to an out-of-court statement to prove state of mind, still object.  If you don’t, the out-of-court statement just came in substantively rather than its effect on the listener.

You don’t object to answers. You move to strike them.

Protect your record and save money on attorney fees from wasted time: When they keep talking, object (or move to strike) as non-responsive and ask the court to instruct the witness to answer the question.

“Law is War” Podcast Episode 2: Trial Objections – How to Train a Witness

For more information on the strategy of objections, watch Mike Arnold and Lissa Casey’s podcast, “Law is War,” Episode 2.

For more information, call 541-338-9111.

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