Monetary sanctions are one of the remedies courts may consider when litigation conduct results in violations of procedural rules or court orders. Rather than affecting the merits of a case, these sanctions typically involve requiring a party or attorney to…

Witness testimony plays a central role in many civil cases, but the manner in which testimony is presented is also governed by the rules of evidence. Rather than allowing witnesses to provide lengthy, uninterrupted accounts, courts generally expect testimony to…

Witnesses do not always remember every detail of an event by the time a civil case reaches trial. As time passes, memories may fade, making it more difficult to testify about specific facts with complete accuracy. To address these situations,…

Evidence presented during civil litigation must satisfy established legal standards before it may be considered by the court. Judges routinely evaluate whether statements and other forms of evidence are admissible under the applicable rules of evidence. Adoptive admissions present a…

During a civil trial, statements or evidence may occasionally be presented that should not have reached the jury. Rather than ending the trial or declaring a mistrial, courts often address the issue by providing a curative instruction that tells jurors…

Witness testimony is intended to help establish the facts of a case, but not every opinion offered by a witness is admissible. During civil litigation, courts distinguish between testimony that describes what a witness personally observed and testimony that attempts…

Witness testimony often plays a central role in civil litigation, but not every witness is viewed as equally credible. During trial, attorneys may challenge the reliability or consistency of a witness’s testimony through a process known as impeachment. Impeachment does…

Jurors play an essential role in many civil trials by listening to the evidence and helping resolve factual disputes. Although jurors are selected before trial begins, circumstances may arise that require the court to excuse a juror before the case…

During witness testimony, attorneys ask questions designed to obtain information relevant to the issues in dispute. Occasionally, a question may combine multiple inquiries into a single question, leading the opposing party to object that it is compound. When this occurs,…

Before a trial exhibit may be considered by the court, the party offering it must often demonstrate that the exhibit is what it is claimed to be. This process is known as authentication and serves as an important step in…