National Institute for Trial Advocacy

Jan 16, 2019
Jan 16, 2019

by NITA guest bloggers Meagan Kelleher and Michael J. Dale Immigration proceedings involving asylum seekers, including parents, their children, and unaccompanied minors, are much in the news. Although these individuals are not entitled to counsel in immigration proceedings as a matter of statutory or constitutional rights,...

Oct 05, 2018
Oct 05, 2018

Written by NITA guest bloggers Iva Čechráková and Michael J. Dale A question has recently arisen regarding the rationale or basis for the use of the phrase “to a reasonable degree of certainty” in California. The question was posed, based upon our June 20, 2018, blog post, Why Do Lawyers Ask Expert Witnesses For An Opini...

Sep 26, 2018
Sep 26, 2018

by NITA guest bloggers Michaela Vrazdova and Michael J. Dale In trial practice, the question often arises as to whether police accident reports are admissible into evidence under the business record exception to the hearsay rule, and if they are not, why not. It turns out that there is no single answer, as states differ....

Jun 20, 2018
Jun 20, 2018

written by NITA guest bloggers Iva Čechráková and Michael J. Dale “Expert, do you have an opinion that you can state with a reasonable degree of certainty?” These are most often the exact words attorneys employ when examining expert witnesses. This also is the form of question the majority of trial advocacy text authors...

May 16, 2018
May 16, 2018

written by NITA guest bloggers Marina Kunina and Michael J. Dale Walk into any courtroom in the United States during a trial and one will hear lawyers ask questions like, “What, if anything, happened next?” or “What, if anything, did you do after that?” This article seeks to understand the background, purpose, and place...

Feb 07, 2018
Feb 07, 2018

written by NITA guest blogger Tereza Horáková On May 22, 2017, one year after publication of our blog post[1] on how to serve process outside the United States, the United States Supreme Court resolved a conflict among the lower courts concerning an important practical service question: Does the Convention on the Service...

Dec 13, 2017
Dec 13, 2017

written by NITA guest bloggers Massimo Reboa and Michael J. Dale Introduction In international commercial disputes, a major concern American lawyers can have is the collection of contractual debts. To avoid this problem, companies often use what is known as a bank demand guarantee, where a bank in the role of guarantor...

Apr 19, 2017
Apr 19, 2017

written by NITA guest bloggers Federica Turetta and Professor Michael J. Dale Trials allow parties to persuade the judge or jurors by recounting their version of the historical facts. The National Institute for Trial Advocacy (NITA) describes this process as “storytelling.” However, in addition to persuasiveness, a stor...

Nov 02, 2016
Nov 02, 2016

written by NITA guest bloggers Samantha E. Scheff and Michael J. Costello, II Blocking statutes are laws enacted in countries with the purpose of frustrating litigation in the United States by prohibiting the production of evidence in courts in the United States that otherwise have jurisdiction[1]. International litigati...

Aug 31, 2016
Aug 31, 2016

written by NITA guest bloggers Anastasia Pallagrosi and Michael J. Dale Many lawyers and law students are familiar with Nita Liquor Commission v. Cut Rate Liquor and Jones, one of the most famous National Institute of Trial Advocacy fact patterns. In Nita Liquor Commission, the owner of a liquor store is charged with a c...