Spoliation & How to Protect Against It
Most employers understand that they shouldn’t destroy evidence that may be relevant to litigation. And preserving the correct evidence can be a tricky process to navigate. An employer’s failure to identify what relevant evidence to keep, or by not following the proper procedures can lead to spoliation exposure and penalties. Spoliation is the destruction of […]
Common Objections at Trial
Courtroom objections are an essential component of trial when applied properly, they can contribute to winning the case. A courtroom objection is a statement made by an attorney for the purpose of questioning or challenging any specific evidence. Typically, the end goal of the objection is to limit the opponent’s submitted evidence or have it […]
In Limines in Employment Jury Trials
The Latin phrase “in limine” means “on the threshold”. A motion in limine (MIL) is simply a motion made “at the start” of trial, during a recess, or before a witness testifies. In limines are pre-trial motions discussed outside the presence of the jury, to request inclusion or exclusion of certain prejudicial testimony or relevant […]
Depositions in Employment Litigation
A deposition is a case discovery tool. Depositions are necessary to learn the basis for the other party’s claims or defense, and to test whether their testimony holds up under cross examination. A deposition also captures the witness testimony and preserves it. Employment litigants rarely have all the facts needed to prove their claims. They […]
Subpoenas
A subpoena is a court-ordered command that requires an individual to appear in court and testify, or produce documents as part of a lawsuit. The term “subpoena” is the Latin term for “under penalty”. Under state and federal civil or criminal procedural laws, subpoenas offer attorneys a chance to obtain information to help their client’s […]
The Role of Judges in the Courtroom
Judges are elected or appointed officials who act as impartial decision-makers in the pursuit of justice. They are the central figures in a courtroom, and apply the law to cases by overseeing legal proceedings, ruling on questions of law, and facilitating negotiations between opposing parties. Judges allow each side a fair opportunity to present their […]