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Trial practice

129 published works

  1. De Novo

    Differences Between Trial and Appellate Practice

    By Jay O'Keeffe

    As you've probably gathered by now, my job isn't exactly rocket science. I read some pleadings, read some transcripts, read some statutes, read some cases, and then shout an argument…

  2. Tennessee Insurance Litigation Blog

    Please Just Give Me a Trial by Ambush

    By Brandon McWherter

    I came in this morning to an email from my partner, Justin Gilbert.  Justin lost a jury trial last week in Decatur County Circuit Court, and offered some insightful thoughts…

  3. Idaho Criminal Defense Blog

    When Troubles Come – They Come In Battalions

    By Chuck Peterson

     This week I am in trial preparation mode and only this morning checked my email for the past five days.  In my email I found a post  to a blog…

  4. MS Litigation Review & Commentary

    Book Review: The Trial Lawyer: What it Takes to Win — by David Berg

    By Philip Thomas

    The Trial Lawyer: What it Takes to Win is a 2006 trial practice book by successful Houston attorney David Berg. If nothing is gleaned from the content of the book, then it…

  5. Idaho Criminal Defense Blog

    Scott McKay Finally Found He Had Been Slighted

    By Chuck Peterson

     About a year ago when I started this blog, I had to come up with information to put in the "About" tab. I have been extremely lucky in my work…

  6. Real Lawyers Have Blogs

    Live LexBlog blogs for the week of 6/8-6/12

    By Kevin O'Keefe

    The grand total for launches this week swells all the way to 8. We have blogs on a wide range of topics, from first time bloggers, to existing clients and…

  7. Litigation & Trial

    How To Deal With A “Non-Ruling” By A Trial Judge

    By Max Kennerly, Esq.

    Elliott Wilcox at the Winning Trial Advocacy Techniques blog has a great post on “non-rulings” by trial judges: Using a combination of body language, tone, and other non-verbal behaviors, judges…

  8. Chicago IP Litigation

    Ten Commandments for Trying Patent Cases

    By R. David Donoghue

    Gene Quinn at IPWatchdog recently posted his notes from Chief Judge Holderman's Ten Commandments for Trying Patent Cases presentation at a recent Thomas Jefferson School of Law symposium. I have…

  9. The Contingency

    Policing the Outer Bounds of Permissible Jury Argument

    By Barry Barnett

    Does asking jurors to "imagine" a story that blends evidence and fantasy cross the line into impermissible jury argument?  What if you add "abusive references" to opposing counsel?  Will the combination exceed…

  10. California Litigation Blog

    Videotape Depositions: Take One!

    By Jeff Huron

    California law allows an adverse party to use a deposition of a party for any purpose during trial.  See, Code of Civ. Proc. Sec. 2025.620(b) (pdf.).  If you videotape your opponent's…