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…

Evidence presented during a civil trial must satisfy certain legal requirements before it may be admitted. When an attorney believes those requirements have not been met, they may object on the grounds that the evidence lacks a proper foundation. Judges…

During witness testimony, attorneys may ask follow-up questions to clarify important facts or emphasize key points. However, when a question has already been answered, the opposing party may object that the attorney is unnecessarily repeating the same inquiry. Courts evaluate…

Before a trial begins, parties may ask the court to decide certain evidentiary issues in advance. One common method for doing so is through a motion in limine, which allows the court to address specific questions before evidence is presented…

Evidence introduced during litigation may serve different purposes depending on the circumstances of the case. While much of the evidence presented is offered to help prove or disprove disputed facts, some evidence is introduced for a more limited purpose. One…

Depositions are a common part of the discovery process and allow parties to gather testimony before trial. While depositions are routinely scheduled throughout litigation, disagreements sometimes arise regarding where a deposition should take place. When parties cannot agree on a…

Civil litigation is governed by procedural rules that help ensure cases move forward in a fair and orderly manner. When parties fail to comply with those rules, disputes may arise regarding whether consequences should be imposed for the conduct at…