General Litigation Newsletters

Expert Witnesses in Civil Lawsuits

An expert witness is a witness who has knowledge of a technical subject. Because of his or her education, training or experience, an expert witness's testimony will aid the trier of fact in finding the truth in a lawsuit.

Grand Juries

A grand jury's primary function is to listen to the evidence presented by the prosecutor and decide if someone should be indicted for a crime. The Fifth Amendment of the United States Constitution provides that all federal criminal charges must be brought by a grand jury indictment. About half the states use grand juries. The grand jury also has broad power to investigate crimes. Some states permit grand juries to investigate corruption, organized crime, and the alleged misconduct of public officials. An investigative grand jury has the power to subpoena witnesses.

Jury Consultants

The jury serves a vital function in the American legal system. The jury is the trier of fact in a civil jury trial. The jury's role is to weigh the evidence presented by both sides and reach a verdict. The United States Constitution guarantees a right to trial by jury in civil and criminal cases. The jury must be fair or impartial. The jury pool, the group of individuals from which a particular jury is selected, has to be representative of the community. Voir dire is the process of interviewing potential jurors to determine who will sit on the jury. The purpose of voir dire is to identify and remove individuals who cannot be fair and impartial. It is becoming more and more common for attorneys to hire jury consultants to assist in the selection of jurors, especially for high-profile cases.

Settlement Conferences in Federal Courts of Appeals

There are 13 judicial circuits, and each circuit has a court of appeals. The federal courts of appeals are intermediate appellate courts. They hear appeals from federal district courts, which are trial level courts. In response to the ever-increasing volume of cases, some federal courts of appeals have adopted settlement programs in an effort to reduce the backlog of cases and accelerate the appeal process.

Venue in Civil Lawsuits

Venue refers to the location (city, town, or county) where a trial should be held. Each state has rules for determining the correct venue for filing a lawsuit. Improper venue is not a ground for dismissing a lawsuit. A defendant can waive or give up his right to claim improper venue. Either party can request a change of venue.