Saturday, February 28, 2009
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
Wednesday, February 25, 2009
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.
Tuesday, February 24, 2009
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.
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."
Thursday, November 09, 2006
EDD Links
On December 1, 2006, the new Federal Rules of Civil Procedure dealing with EDD (electronic data discovery) will take effect. For those interested in learning more about the intricacies of e-discovery, this compilation of links on the subject is a great place to start: http://www.abanet.org/lpm/lpt/articles/slc10061.shtml.
Monday, September 11, 2006
New Federal E-Discovery Rules Effective Dec. 1, 2006
The U.S. Supreme Court has approved amendments to the Federal Rules of Civil Procedure concerning "electronically stored information." The amendments address problems associated with electronic discovery in cases involving large amounts of data and become effective on Dec. 1, 2006. The changes affect Rules 16, 26, 33, 34, 37, and 45, as well as Form 35.
Tuesday, August 22, 2006
No Duty to Warn on Hair Product Causing Death of Infant
The Michigan Supreme Court has ruled that the manufacturer of an "all natural" hair spray that caused an 11-month old chid to die had no duty to warn of such a danger. The Court found as a matter of law that that risk is obvious. The container did have a warning not to use it near sparks or open flames, but there was no warning not to inhale or taste the product or to keep it away from children. The majority concluded that Michigan law does not require that every possible injury be warned against. A scathing dissent proclaimed that the decision sounds the death knell for failure to warn cases in Michigan.
Tuesday, August 08, 2006
Top Ten Things You Don't Do As A Witness
Top Ten Things You Don't Do As A Witness
10. Don't volunteer unless you absolutely, positively know it will help your case.
9. Don't get mad.
8. Don't listen to the question.
7. Don't bring anything to the deposition unless asked to do so.
6. Don't guess.
5. Don't assume.
4. Don't fight.
3. Don't answer a question about a document unless you review it first.
2. Don't forget that everyhting you say is being taken down and will be used against you.
1. Don't lie.
10. Don't volunteer unless you absolutely, positively know it will help your case.
9. Don't get mad.
8. Don't listen to the question.
7. Don't bring anything to the deposition unless asked to do so.
6. Don't guess.
5. Don't assume.
4. Don't fight.
3. Don't answer a question about a document unless you review it first.
2. Don't forget that everyhting you say is being taken down and will be used against you.
1. Don't lie.
Monday, July 24, 2006
Electronic Discovery Tips
Here is some suggested language for a letter requesting that electronic evidence be preserved until an electronic discovery order can be entered:
Dear _______:
In connection with the lawsuit we have recently filed, it is absolutely critical that certain evidence be preserved. In particular, please do no delete or otherwise dispose of any of the following categories of information or data until an appropriate discovery and evidence retention order can be entered by the Court:
1. Emails and all attachments thereto relating in any way to the subject matter of this litigation;
2. Metadata (information related to e-mails such as date sent, date received, subject)
3. Tapes or other media containing disaster recovery backups of e-mail servers;
4. CD-ROMs containing archives of e-mail; and
5. Personal computers, home computers, laptops, handhelds, or other electronic storage devices.
We also request that you immediately instruct all employees to cease automatic destruction of records until the company can isolate and copy the relevant material.
In addition, please send an email and a letter to key custodians, including their assistants, directing them not to delete any e-mail or documents in their personal accounts or on the “shared drives.”
Thank you for your anticipated cooperation. If you do not intend to comply with any part of this request, please notify me immediately so that appropriate motions can be filed.
Very truly yours,
Dear _______:
In connection with the lawsuit we have recently filed, it is absolutely critical that certain evidence be preserved. In particular, please do no delete or otherwise dispose of any of the following categories of information or data until an appropriate discovery and evidence retention order can be entered by the Court:
1. Emails and all attachments thereto relating in any way to the subject matter of this litigation;
2. Metadata (information related to e-mails such as date sent, date received, subject)
3. Tapes or other media containing disaster recovery backups of e-mail servers;
4. CD-ROMs containing archives of e-mail; and
5. Personal computers, home computers, laptops, handhelds, or other electronic storage devices.
We also request that you immediately instruct all employees to cease automatic destruction of records until the company can isolate and copy the relevant material.
In addition, please send an email and a letter to key custodians, including their assistants, directing them not to delete any e-mail or documents in their personal accounts or on the “shared drives.”
Thank you for your anticipated cooperation. If you do not intend to comply with any part of this request, please notify me immediately so that appropriate motions can be filed.
Very truly yours,
Friday, September 02, 2005
Taking Out of State Depositions
This article lists the steps you should take to schedule a deposition in a different state:
1. Will the witness volutarily appear for the deposition?
2. If the case is in Federal Court, a subpeona can be served within 100 miles (as the crow flies) of the courthouse or within 100 miles of the site of the deposition meaning it can be taken anywhere in the United States. See Fed Rule of Civ Proc 45(b)(2).
3. Find out if the individual you want to depose is in a state that has a court rule like MCR 2.305(E) that permits depositions to be taken of residents of Michigan when an action is pending in another state.
4. You may need letters rogatory or a commission from state court to provide to the state court where the witness is located.
For more information, please copy and paste the following address for an article published in the Utah Bar Journal: http://www.utahbar.org/sections/litigation/html/how_to_take_an_out-of-state_de.html. Another good source of information on the topic is located at the following address: http://www.abanet.org/yld/litigation/lit101pdf/Wilkins.pdf.
1. Will the witness volutarily appear for the deposition?
2. If the case is in Federal Court, a subpeona can be served within 100 miles (as the crow flies) of the courthouse or within 100 miles of the site of the deposition meaning it can be taken anywhere in the United States. See Fed Rule of Civ Proc 45(b)(2).
3. Find out if the individual you want to depose is in a state that has a court rule like MCR 2.305(E) that permits depositions to be taken of residents of Michigan when an action is pending in another state.
4. You may need letters rogatory or a commission from state court to provide to the state court where the witness is located.
For more information, please copy and paste the following address for an article published in the Utah Bar Journal: http://www.utahbar.org/sections/litigation/html/how_to_take_an_out-of-state_de.html. Another good source of information on the topic is located at the following address: http://www.abanet.org/yld/litigation/lit101pdf/Wilkins.pdf.
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