Got a Car Accident Case? Use Google Earth!

Several legal blogs have mentioned attorneys using Google Earth to show jurors the scene of the accident. It costs nothing and is an outstanding resource. Download it from this link and try it: http://earth.google.com

Michigan's Indexed Caps on Noneconomic Damages Increase to $401,500 & $717,000

The Michigan Department of Treasury has announced that the new caps on noneconomic damages in products liability cases where the product did not cause either death or permanent loss of a vital bodily function for 2009 is $401,500. The indexed cap in cases involving death or permanent loss of a vital bodily function is now $717,000.

The Top 5 Rules for Cross-Examination

One of my favorite legal blogs or blawgs -- http://www.illinoistrialpractice.com -- recently posted these five rules from Scott Turow to follow when cross-examining witnesses:

1. Never ask a question to which you do not know the answer--unless it doesn't matter, or you have nowhere else to go.

2. Always listen to a witness's answer before asking your next question.

3. Never ask the one question too many that will allow the witness to explain away a damaging answer he's already given.

4. Forget Perry Mason. The purpose of cross is not to win the trial at once, so much as lay the foundation for closing argument, or for the testimony of other witnesses.

5. Know when you've accomplished enough and sit down.

Depositions in Michigan Become More Civil in 2009

MCR 2.306 has been amended to provide that an "objection during a deposition must be stated concisely in a civil and nonsuggestive manner." According to the official comments, the change was made to prohibit the practice of "speaking objections" designed to "instruct the witness." Also new is the requirement that it is no longer appropriate to confer with a witness, even a client, while a question is pending, except to talk about the assertion of a privilege or other legal protection like the 5th Amendment. Finally, the amended deposition rules now also provide for sanctions, including attorney fees, "of a person impedes, delays, or frustrates the fair examination of a witness or otherwise violates the rule."