National Institute for Trial Advocacy

Apr 24, 2019
Apr 24, 2019

Written by NITA guest blogger Marie Andrews Any litigation requiring that depositions be taken in a country other than the United States will present special challenges.[1] Canada is no exception, and the issues that may arise are all the more common because of the greater frequency with which U.S.–Canada cross-borde...

Apr 04, 2019
Apr 04, 2019

Written by NITA guest blogger Lukas Holub This article is the second of a two-part series on discovery outside the U.S. Click here to read Part I.Cross-Border Discovery: Relevant Case LawExercise of Enforcement Jurisdiction: The Restatement Balancing TestIn United States v. First National City Bank, a seminal case, the Am...

Temple University School of LawMar 26, 2019
Mar 26, 2019

Written by Professor Jules Epstein, Director of Advocacy Programs at Temple Beasley School of Law When does an opening statement, meant to be persuasive, veer off into impermissible argument? The line is in some sense indefinable – and it feels like the only formula is like that of obscenity – “I shall not...

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...