When a trial is held, whether, before a judge or a jury, it is the one time the parties get the opportunity to present their case. You must ensure that all of your evidence gets offered and hopefully admitted—you will likely never get a second chance to present it again. When preparing for trial, plan ahead of time and make an exhaustive list of all facts and documents and witnesses that support your case. Get these to your attorney to help him or her make the best case you can. The judge may refuse to allow certain evidence, but do not ...
August 29, 2017CD
Social media has literally changed the face of the world and how we interact—but nothing compares to Facebook with nearly 2 billion users globally and 210 million users in the United States (most of the population). Instead of real, in-person conversations, many people have substituted Facebooking (and many other social media tools). As you might guess, Facebook has worked its way into courtrooms in two key ways. First, there is a prolific amount of posts and related material on high-profile crimes and divorce—in some respects this is a new hybrid form of tabloid and serious news reporting. Ultimately, there should be ...
May 25, 2017Adam Hayes
In today’s world, key evidence needed in criminal and civil proceedings exists in the digital world and may be a composite of pictures, texts, and third-party statements. A key recent ruling of the Indiana Court of Appeals makes clear the Rules of Evidence and authentication of such as true cannot be objectionable to thwart justice. This blog post covers some of the key points of that case and the care that everyone should exercise using social media. The key point is if you do not want it used against you in any way, do not post it. In the M.T. case1, which ...
February 15, 2017Adam Hayes
Prior to a final hearing, discovery may be completed to allow the parties to gather information relevant to the pending matters. Discovery can be conducted in many forms, including written questions (interrogatories), requests for production of documents, depositions, third party discovery, and requests for admission. The discovery process allows for several means of gathering information, and being able to request documents and information from opposing and third parties. Requests for admission are governed by Indiana Trial Rule 361. Requests for admission are served upon an opposing party, and seek the truth of the matters requested, including the genuineness of documents described. For ...
July 8, 2014CD
In litigation, one of the most important means of obtaining information from opposing parties and even third parties is called discovery. Discovery can consist of many forms including written discovery, depositions, and third party discovery. Here are three key components of discovery that can help understand the process. 1) Discovery has limitations Not every piece of information is discoverable. For example, in a personal injury case, a question about why a person got divorced 10 years ago may not likely be relevant, and the other side may not likely be forced to answer. 2) The other side can object Much like in a trial setting, the ...
March 18, 2014CD
Last week brought some devastating news headlines, from the Texas fertilizer plant explosion to the Boston Marathon bombing coverage. News came on Friday that the remaining living brother of the duo the FBI suspects of committing the Boston Marathon bombing was taken into police custody. Since then, news stories have surfaced indicating that the police had decided not to give the suspect his Miranda Warnings. Miranda warnings, which the public is often generally familiar with from television shows, such as cops, are required upon arrest of a criminal suspect. The Supreme Court did not specify the exact wording or even the ordering ...
May 2, 2013CD
Throughout litigation, parties can ask questions of and request documents from (i.e., recordings, notes, etc.) from each other in a process called generally called discovery. This allows for an information gathering regarding information pertinent to the pending matter. The information asked for does not have to be admissible in court, but potentially lead to such evidence. Such discovery to parties (husband/wife or plaintiff/defendant) can be sent in several forms. First, interrogatories are written questions that are sent to the opposing party to be answered. For example, in a pending personal injury case, a plaintiff could send interrogatories to a defendant asking ...
February 12, 2013CD