We instinctively think of cross-examination as a tool to destroy the other side’s case. Rarely do we use it constructively, that is, to enhance our own case. Rarer still do we cross-examine to authenticate an otherwise problematic document, as we’ve done below:   In ...   Read More

When we do not think of the consequence of making an objection, that objection sometimes backfires. For instance, an objection that the document will speak for itself, or that the best evidence is the document, sometimes will achieve nothing but make life easier for the opponent. In fact, ...   Read More

 Sometimes we hear the objection "best evidence is the document" during cross-examination. Is this really proper? One time I was watching a lawyer who was cross-examining a witness, apparently focusing on the witness' affidavit that was submitted to the prosecutor during th ...   Read More

I don't really understand what the objection "best evidence is the document" means. I usually hear it during direct examination when the witness is asked to quote parts of a document she has identified, or is asked what certain statements in the document means. And what's more, ...   Read More

Have you checked the information in your case lately? Information as in indictment, that is. That should seem routine. But a case we defended - purporting to be a violation of the Trust Receipts Law - was dismissed on demurrer because the prosecution did not see the need to prove crimi ...   Read More

      2 days ago, I was in court waiting for my case to be called. Another case, a criminal one, was called before mine and was being tried. The witness was the apprehending officer. The public prosecutor was doing the direct examination. During the direct, the witness i ...   Read More

View all Blogs