CONFRONTATION LAW CONFUSION AND CONVENTIONS

The landmark holding Crawford v. Washington, now sixteen years old, changed the framework for challenging hearsay offered against the accused in a criminal case – if the hearsay was “testimonial” in nature it is admissible only under one of two conditions: The declarant will ultimately appear at trial and thus be subject to cross-examination regarding

Admitting and Using Exhibits in a “Remote” Trial

[This article is a chapter in the newly-published Remote Advocacy: A Guide to Survive and Thrive, NITA 2020.  The entire book can be found at https://www.nita.org/publications/books-dvds/Remote-Advocacy:-A-Guide-to-Survive-and-Thrive ]   Whether in a live or virtual proceeding, at trial or deposition we need exhibits. Sometimes they are the better or best proof. Sometimes they are the only

Narrative or Story – Know The Difference

I suspect that many if not most lawyers are unaware of “narratology,” defined as “the study of structure in narratives” (https://www.merriam-webster.com/dictionary/narratology, last visited April 5, 2020) or “a humanities discipline dedicated to the study of the logic, principles, and practices of narrative representation…” (https://www.lhn.uni-hamburg.de/node/48.html, last visited April 5, 2020).  Yet a definition that itself uses