Stopwatch 

On Monday, September 17, 2012, Governor Brown signed Assembly Bill 1875 which will limit depositions to one seven (7) hour day.  This law conforms with the federal rules and becomes effective on January 1, 2013.  The enactment of the legislation will add Section 2025.290 to the Code of Civil Procedure which will read as follows:   Continue Reading GOVERNOR BROWN SIGNS BILL LIMITING DEPOSITIONS TO SEVEN HOURS:

Impeaching Attorney.jpgThe third in a series of four blogs from George Ellard from The Veen Firm on how to cross-examine a witness to impair their credibility.

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Impeachment by character evidence is the use of a personal trait to impair credibility. There are essentially four methods to impeach using character evidence: defects in perception, defects in recollection, felony convictions and past misconduct.

Continue Reading Impeaching the Witness with Character Evidence

Cross Examine Women.jpgThe second of four blogs on how to cross-examine a witness to impair their credibility from George Ellard  of the The Veen Firm.

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Perhaps the most effective and most frequently used form of impairing credibility is proof of a statement or conduct by the witness that is inconsistent with the trial testimony. (Ev. C. § 780(h) (pdf)) The inconsistency need not be a complete contradiction. The test is whether the prior statement is inconsistent in effect with the trial testimony. People v. Spencer (1969) 71 Cal.2d 933 (pdf), 941.

 

Continue Reading Using Prior Inconsistent Statements and Conduct