The rule of exclusion generally requires witnesses to remain outside the courtroom until it is their turn to testify. This practice helps ensure that each witness provides testimony based on personal knowledge rather than being influenced by the testimony of…

Discovery allows parties to exchange information that may be relevant to the claims and defenses involved in a civil case. Because litigation often develops over time, the information provided during discovery may change or expand as new facts become available.…

When Courts Permit Supplemental Expert Reports Expert witnesses often provide opinions on technical, scientific, financial, and other specialized issues that help courts evaluate complex disputes. As litigation progresses, circumstances may arise that lead a party to request permission to submit…

In some civil cases, courts may separate liability and damages into different phases of the trial rather than resolving both issues together. This process, known as bifurcation, may be considered when doing so could improve efficiency, simplify the presentation of…

Protective orders are commonly used in civil litigation to help govern how certain information is disclosed, handled, or protected throughout a case. As litigation progresses, circumstances may change, leading a party to request that an existing protective order be modified.…

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…