During civil litigation, parties may object to evidence, testimony, or procedural matters that arise throughout a case. In many situations, the manner in which an objection is made can affect whether an issue may later be reviewed if additional proceedings…

During civil litigation, the evidentiary record is generally established through the evidence presented to the court before a matter is submitted for decision. In some circumstances, however, a party may ask the court to reopen the evidentiary record so that…

Subpoenas are commonly used during civil litigation to obtain testimony, documents, or other information that may be relevant to a case. In some situations, a party or recipient may ask the court to quash a subpoena by filing the appropriate…

Sanctions are one of the procedural tools courts may use to address conduct that affects the fair and efficient administration of justice. Before imposing sanctions, judges evaluate the facts of the case, the applicable legal standards, and the circumstances surrounding…

Witnesses are generally called to testify about facts they personally observed or experienced. During civil litigation, however, a question may sometimes ask a witness to state a legal conclusion instead of providing factual testimony. When this occurs, an objection may…

Learned treatises can play a unique role in civil litigation when specialized knowledge becomes relevant to a disputed issue. Unlike many other forms of evidence, these publications are subject to specific evidentiary rules that govern when and how they may…

Electronic evidence has become an increasingly important part of civil litigation. Emails, text messages, digital photographs, social media posts, and other electronic records are frequently offered to support or dispute the facts of a case. Before this evidence may be…

Witnesses are generally expected to testify about facts they personally observed rather than offering conclusions or specialized opinions. However, the rules of evidence recognize that lay witnesses may sometimes express opinions when doing so helps explain their firsthand observations. Courts…

Witnesses are generally expected to answer the specific questions presented during testimony. When an answer becomes overly broad or extends beyond what was asked, an attorney may object that the response is narrative. Courts evaluate these objections to keep testimony…

Evidence presented during a civil trial must satisfy established legal standards before it can be considered by the court. Judges evaluate proposed evidence to determine whether it is relevant, reliable, and admissible under the applicable rules of evidence. One area…