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A continuing objection is an objection an attorney makes to a series of questions about a related point. A continuing objection may be made, in the discretion of the court, to preserve an issue for appeal without distracting the factfinder (whether jury or judge) with an objection to every question. A continuing objection is made where the ...
Complex Litigation columnist Michael Hoenig writes: Although the complex topic of deposition misbehavior is broad and the variants are many, the common thread running throughout the rules and the ...
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
Objections, though permissible during opening statements, are very unusual, and by professional courtesy are usually reserved only for egregious conduct. Generally, the prosecution in a criminal case and plaintiff in a civil case is the first to offer an opening statement, and defendants go second. Defendants are also allowed the option of ...
In recent years I have noticed some changes in the practice of law, some of which may be based on changing customs and norms and others which unfortunately seem to reflect on a growing lack of ...
Sullivan’s team had taken his deposition in April 2014, more than nine months before the trial had started. But on the eve of his scheduled testimony, the Johnson & Johnson lawyers had informed their opponents that Sullivan was going to move to disqualify the doctor. Her objection had nothing to do with his qualifications.
In the American legal system, argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case. [1] A lawyer on direct examination asks his witness, a layman with no legal training, "So John Doe was driving negligently?" Opposing counsel could raise an argumentative ...
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