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Evidence Code Section 721: The Sword and Shield (Mostly Sword) for Expert Witness Cross-Examination
"I know lots of people who say you're wrong!"
"Really? Like who?"
"Well, you know ... like ... lots of people."
The proverbial "they" as in, "You know what they say ..." Is among the laziest rejoinders in an argument. Instead of identifying problems of fact or logic, the person invents an imaginary consensus to suggest his or her opponent's position is nothing but a fringe outlier.
Certainly such a tactic has no place in the courtroom, right? After all, one of the main...
Vague and Ambiguous, Compound and Confusing, Calls for Speculation ... And a Partridge in a Pear Tree!
We have all been there. You're taking a deposition and your opposing counsel channels a $10,000 Pyramid contestant coaxing his teammate to say, "Every conceivable objection under the sun?" These attorneys act like their year-end bonus is based on the number of objections lodged after each question. While it can be annoying, deposition objections are mostly white noise for the examining lawyer. However, there is value in discerning which objections matter, and which objections...
When It Gets Awkward: "Your Honor, I Respectfully Object ... To Your Question."
"Nobody ever went to a ballgame to see the umpire," Chief Justice John Roberts declared in the opening remarks to his own confirmation hearings. He is right. It would be a head-scratching moment to go to Dodger Stadium and at the end of a complete game shutout, see Clayton Kershaw high-five his teammates ... and the home plate umpire?
The same goes with jury trials. Advocacy comes from the lawyers. While judges can examine witnesses, they are not to put their thumb on...
David Sugden
Dave is a business trial lawyer who is an ABOTA member and has been recognized from 2020 - 2023 as one of the “Top 50 Super Lawyers in Orange County,” and previously recognized by California’s Daily Journal as one of “California’s 20 Top Attorneys Under 40”.
He has represented business entities both as a plaintiff and defendant throughout the country.
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