Rules of Evidence

 

• Evidence of Liability Insurance: State and federal rules of evidence do not allow the parties to offer proof of insurance coverage to show negligence or recklessness. However, you can use evidence of insurance to prove witness bias or ownership of the vehicle or property in question.

 

• Leading Questions: Generally, lawyers can use leading questions when cross-examining a witness but not when directly examining a witness they called to the stand. This article explains the pros and cons of leading the witness.

 

• Motions in Limine: Pretrial motions in limine help you exclude harmful evidence or get permission to introduce evidence the opposing party wants to prevent from coming into the record.

 

• Motion to Strike: Motions to strike test the sufficiency of legal claims and defenses.

 

• Offers of Proof: If the trial court excludes evidence, you must make an offer of proof to preserve the point on appeal.

 

• Stipulations: Litigants may stipulate facts, discovery procedure, and expected testimony to narrow the disputed issues, expedite the trial, and increase the likelihood of an auto accident settlement.