Nate Sabri Expert Analysis Article for Law360: Avoiding Unforced Evidentiary Errors At Trial
Some of the most serious trial missteps don't happen in the courtroom. They happen months earlier, when lawyers fail to plan their evidentiary strategy.
These mistakes come in a few varieties. Attorneys might be unaware of new rules, like the proposed changes to Rule 801(d)(1)(A) of the Federal Rules of Evidence — expected to go into effect next December — expanding the substantive use of prior inconsistent statements. They may not be thinking about their proof plan until it's too late. Or they may be charging forward as they've done in the past, without considering whether that's the correct approach.
Regardless of the cause, all of these can have outsize impact on a case before you even step into a courtroom.
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