Federal Evidence

At virtually every trial, in addition to calling witnesses to testify, you’ll need to offer physical evidence—emails, letters, text messages, screen shots,...

In the past, I’ve written about so-called “propensity” evidence—evidence that tends to show that, because a criminal defendant did some...

Many civil cases never make it to trial, instead getting resolved at an earlier stage, including the summary judgment stage. But,...

In many criminal trials, defendants don’t put on an affirmative case. In other words, they don’t call their own witnesses or...

Most lawyers are very familiar with the attorney-client and work product privileges, including when they apply and how they might...

Judge Bruce Selya—a federal appellate judge who sits on the U.S. Court of Appeals for the First Circuit—is fond of...

In federal criminal cases, the government can’t offer so-called “propensity” evidence—evidence that tends to show that, because the defendant also...

In product liability cases, expert testimony is key. A recent decision from the Eleventh Circuit—Crawford v. ITW Food Equip. Grp., LLC,...

In today’s world, email is essential to the functioning of most businesses. Employees use email to communicate about work tasks. Businesses use...

One of the most commonly cited exceptions to the rule against hearsay is the business records exception, which is set...