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11 Apr, 2013

Werner v. Platte County (Part II): Don’t Get Too Excited About the Excited Utterance Hearsay Exception

2018-04-23T20:50:32-06:00April 11th, 2013|Appellate Work, Cross Examination, Direct/Redirect Examination, Discovery, Litigation Tips, Nebraska Litigation & Trial Advisor, Trial, Witness Preparation|

   LDM Partner Cathy Trent-Vilim continues her discussion of her recent case in this post. You read in Part I of Werner v. Platte County how the Nebraska Supreme Court affirmed the trial court’s ruling that statements by Mr. Werner made to the EMT while at the scene of the accident qualified for the excited utterance exception to the hearsay rule.  The purpose of this post is to discuss why [...]

9 Apr, 2013

Werner v. Platte County (Part I): Get Excited About the Excited Utterance Hearsay Exception

2018-04-23T20:50:32-06:00April 9th, 2013|Appellate Work, Direct/Redirect Examination, Discovery, Litigation Tips, Nebraska Litigation & Trial Advisor, Trial, Witness Preparation|

LDM attorneys Cathy Trent-Vilim and Bill Lamson recently received a decision from the Nebraska Supreme Court affirming the maximum $1 million judgment obtained on behalf of Brian Werner in a suit against Platte County, Nebraska, arising from injuries Mr. Werner suffered while a passenger in a vehicle being pursued by a Platte County deputy. LDM Partner Cathy Trent-Vilim  discusses her recent case in this post. In appealing the judgment, Platte County [...]

12 Apr, 2012

Preventing and Handling Lost Confidential Records

2018-04-24T00:08:57-06:00April 12th, 2012|Deposition Preparation, Depositions, Nebraska Litigation & Trial Advisor, Witness Preparation|

Recently, it was reported that probation files in the custody of a probation officer were stolen (along with the officer’s car in which the files were left).  Those records were later recovered (along with the car).  Whether records or information is stolen, or simply lost, this is a reminder of a real risk that litigators face.  We frequently are traveling to and from depositions, meetings, hearings and the like.  We also frequently transport paper [...]

23 Feb, 2012

Trial Lawyers (and Football Coaches) Need to Listen

2018-04-24T00:08:57-06:00February 23rd, 2012|Cross Examination, Depositions, Direct/Redirect Examination, Nebraska Litigation & Trial Advisor, Trial, Voir Dire, Witness Preparation|

In a post following my most recent jury trial I noted the importance of listening.  As I stated, this may seem elementary but it is not.  On Tuesday, Kyle recounted his recent experience serving as a guest judge at a client counseling competition.  As his first point he also noted the importance of listening.  Now, there is another endorsement for the importance of listening.  Nebraska's very own Bo Pelini has engaged an outside consulting [...]

9 Feb, 2012

Four Reminders From Trial

2018-04-24T00:08:57-06:00February 9th, 2012|Direct/Redirect Examination, Nebraska Litigation & Trial Advisor, Trial, Voir Dire, Witness Preparation|

If you have followed this blog over the last week you know that I was in a week long jury trial a couple of weeks ago.  Here are four of the things I was reminded of during that trial: 1.  Jurors take it seriously. Whether during voir dire or after being selected, almost all jurors, even those who would rather be elsewhere, seem to treat the process with the seriousness [...]

17 Nov, 2011

Depositions: Avoid Being a Defensive or Combative Witness

2018-04-24T00:08:58-06:00November 17th, 2011|Deposition Preparation, Depositions, In-House Counsel, Nebraska Litigation & Trial Advisor, Witness Preparation|

If you have followed this blog since it started earlier this fall you read our Friday Nebraska sports related posts. Yesterday, the ABA Journal posted its own sports related story. Author Debra Cassens Weiss reported on a deposition of former NBA superstar Allen Iverson. Apparently, AI was not very thrilled about the deposition or the lawyer taking it. The lawyer has apparently represented clients against Iverson in two prior cases. [...]

20 Oct, 2011

Witness Preparation: Make Sure Your Documents Tell the Same Story as the Witnesses

2018-04-24T00:08:58-06:00October 20th, 2011|Nebraska Litigation & Trial Advisor, Trial, Witness Preparation|

I recently blogged about the need to show the jury the documents you choose to put into evidence when those documents match the testimony. Today’s blog addresses a couple of points that go along with that concept. The first pertains to witness preparation and the second is a reminder to general counsel and H.R. professionals about memorializing business transactions and events. Point One: How many emails do professionals send and [...]

6 Oct, 2011

Foundation is the Foundation; Part 2

2018-04-24T00:08:58-06:00October 6th, 2011|Direct/Redirect Examination, Nebraska Litigation & Trial Advisor, Trial, Witness Preparation|

I posted about the importance of laying proper foundation last week. As I noted, this topic is the starting point for the trial practice class that I teach at Creighton University’s School of Law. By the way, the team this year did a wonderful job at the competition. The team of Nick Depetro, Angela Franz, Abbie Schurmann and Erica Carr advanced to the Quarterfinals. There are 25 teams invited to [...]

29 Sep, 2011

Teaching Trial Practice—Foundation is the Foundation; Part 1.

2018-04-24T00:08:58-06:00September 29th, 2011|Closing Argument, Cross Examination, Direct/Redirect Examination, Nebraska Litigation & Trial Advisor, Opening Statement, Trial, Witness Preparation|

This week I am in Lansing Michigan for a trial competition hosted by the Michigan State University College of Law in Lansing Michigan. As is the case every year, the team I have taught for Creighton University School of Law is comprised of four third year law students. The team has spent five nights per week for over a month preparing this year’s case problem. My “co-coach,” Amy Zacharias, a [...]