During trial, lawyers make many strategic decisions to try to appeal to a jury. For example, they consider not only the substance of the evidence they present, but also the emotional impact of that evidence. But the impact of a witness’ testimony can be blunted if your jury is not following the testimony, so the … Continue Reading
In a seismic change to its evidentiary jurisprudence, New York recently enacted legislation that significantly broadens the admissibility of statements made by a party’s agent or employee. Until now, New York’s Civil Practice Law and Rules (“CPLR”) had an oft-maligned (or, perhaps sometimes celebrated) quirk—statements of a party’s agent or employee were inadmissible as hearsay … Continue Reading
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