Attorney-client privilege plays an important role in civil litigation by protecting confidential communications between attorneys and their clients. The privilege encourages open discussions about legal matters without fear that those conversations will later become evidence in court. When privilege applies,…

Evidence plays an important role in civil litigation, but not every type of evidence is evaluated in the same way. Courts must determine whether evidence is both relevant and admissible before it may be considered during a case. Habit evidence…

Not all relevant evidence is automatically admitted during a civil trial. Even when evidence has some value in helping establish a fact, courts may exclude it if its potential to unfairly influence the outcome substantially outweighs its usefulness. The rules…

Witness testimony is intended to provide clear answers to the questions asked during a trial or other legal proceeding. When a witness responds with information that does not address the question, an attorney may object on the ground that the…

Witness testimony plays an important role in civil litigation, but not every statement offered during trial is admissible. Courts apply evidentiary rules that help ensure testimony is based on reliable information rather than assumptions or guesses. One common evidentiary issue…

Witness testimony plays a central role in many civil trials, but not every statement made in the courtroom ultimately remains part of the evidence. During testimony, attorneys may raise objections that prompt the court to determine whether certain statements should…

During a trial, a witness will often testify only once before leaving the witness stand. However, there are circumstances in which a party may ask the court for permission to have that witness testify again later in the proceedings. Whether…

Evidence is typically presented in an organized sequence during a trial, with each party having an opportunity to present information supporting its position. As the case develops, new testimony or evidence may raise issues that were not previously anticipated. In…

During litigation, parties may seek to introduce evidence that the court ultimately decides not to admit. When that occurs, the party offering the evidence may be required to explain what the evidence would have shown and why it should have…

Discovery allows parties to obtain information that may be relevant to a lawsuit. While the discovery process is intended to promote the exchange of information, disputes can arise when a party believes a request is overly burdensome, seeks protected information,…