Roy Wasson’s Trial Law TIPS

Trial Tip 1     Never File a Reply to Affirmative Defense with Just “Denies Each & Every…”

Trial Tip 2     Don’t Tell the Judge What Happened Outside the Courtroom

Trial Tip 3     Don’t Give Your Original Jury Instructions to the Judge

Trial Tip 4     Taking the Wind Out of their Sails

Trial Tip 5     Making and Preserving Jury Challenges for Cause

Trial Tip 6     The Problem of Late-Listed Witnesses – Prejudice is the Key

Trial Tip 7     Dismissal of Your Complaint Without Any Motion

Trial Tip 8     Mid-Testimony Conferences with Clients About Their Testimony

Trial Tip 9     Substantive Changes to Deposition Testimony

Trial Tip 10     Wrongful Death Survivors’ Non-Liability for Defendant’s Attorney’s Fees & Costs

Trial Tip 11     No Fault Threshold Inapplicable to Lost Consortium Claims

Trial Tip 12     Sayonara to Fundamental Error

Trial Tip 13     Amendments to Pleadings to Defeat Summary Judgment

Trial Tip 14     Motions “To Strike” or “For Partial Summary Judgment”?

Trial Tip 15     Bifurcation of Trial of Issues of Liability and Damages

Trial Tip 16     “High-Low” Settlement Agreements

Trial Tip 17     Witness Amnesia—Substantive Use of a Deposition

Trial Tip 18     Recovery of Court-Awarded Attorney’s Fees – Some Basics

Trial Tip 19     Motions to Amend to Conform to the Evidence – Risky Business

Trial Tip 20     Acceptance of Worker’s Compensation Benefits – Election of Remedies?

Trial Tip 21     Establishing Jurisdiction Under Venetian Salami – Discovery and Affidavits are Needed

Trial Tip 22     Enforcement of Settlements

Trial Tip 23     Introducing the Full Amount of Written-Off Medical Bills

Trial Tip 24     Calling Witnesses to Summarize Records

Trial Tip 25     Release and Dismissal of Active Tortfeasors

Trial Tip 26     Preservation of Error Re: Inconsistent Verdicts

Trial Tip 27     Affidavits and Verifications – Notarization Not Always Necessary (or Sufficient)

Trial Tip 28     Proposals for Settlement in Sovereign Immunity Cases

Trial Tip 29     Requests for Admissions – Maximizing the Benefit

Trial Tip 30     Avoiding Summary Judgment with Affidavits that Conflict with Prior Deposition Testimony

 Trial Tip 31     Pleading Claims of Punitive Damages

 Trial Tip 32     Court Reporters Must Keep Typing Videotaped Testimony During Trial

 Trial Tip 33     Motions to Disqualify Judges for Bias or Prejudice

 Trial Tip 34     Civil Procedure – Critical Difference Between “Service” and “Filing” Documents

 Trial Tip 35     Moving for Mistrial or Rolling the Dice? Having Your Cake and eating It Too!

 Trial Tip 36     Proving Medical Standards of Care

 Trial Tip 37     The Plaintiff Dies Before Trial – Now What?

 Trial Tip 38     Service of Process Within 120 Days Under Rule 1.070(j)

 Trial Tip 39     Keeping Defense Doctors’ So-Called “IME” Reports Out of Evidence

Trial Tip 40     Recovery of Psychic Damages Without Waiver of Psychotherapist-Patient Privilege

Trial Tip 41     Refreshing Witnesses’ Recollection With Inadmissible Documents

Trial Tip 42     Award of Payment to Attorneys Fees Expert Not Guaranteed

Trial Tip 43     Exclusion of Wrongful Death Survivors From Courthouse Under “The Rule”.

Trial Tip 44     Reflections of a Trial Lawyer: The Image Is Not Always That Clear

Trial Tip 45     Don’t Let Jurors Conceal Prejudicial Litigation Experience

Trial Tip 46     Move All Exhibits Into Evidence Before You Rest (And What To Do If You Forget)

Trial Tip 47     Keeping Non-Parties Off the Verdict Form Under Fabre

Trial Tip 48     Striking a Defendant’s Pleadings for Tampering with Evidence…

Trial Tip 49     Discovery of Work Product Communications from Counsel to Experts

Trial Tip 50     Pleading Res Ipsa Loquitur as a Separate Count

Trial Tip 51     Recovering Loss of Earnings Capacity, in US Dollars for Plaintiff Who is an Alleged Alien

Trial Tip 52     Motion for Costs and Attorneys Fees;–Timeliness is All-Important

Trial Tip 53     Disclosure of Liability Insurance Information – Remedies for Insurer’s Violation

Trial Tip 54     Payments to Witnesses – Lay and Experts

Trial Tip 55     Records Custodians No Longer Necessary at Trial

Trial Tip 56     Overcoming Vague Objections That Discovery is “Overly Burdensome”

Trial Tip 57     Plaintiff’s Motion for Partial Summary Judgment on “Sudden Stop” Defense

Trial Tip 58     Successor Judges Can Overturn Prior Non-Final Rulings of Original Judge

Trial Tip 59     Delaying Summary Judgment hearings Due to Incomplete Discovery…

 Trial Tip 60     Proffers of Evidence Supporting Amendments to Plead Punitive Damages

 Trial Tip 61     Introducing Documents Into Evidence

Trial Tip 62     Don’t Voluntarily “Dismiss” a Defendant; File a “Notice of Dropping Party” Instead

Trial Tip 63     Remedies for Improper ex Parte Communication with Treating Physicians

Trial Tip 64     Dealing With Experts Who Turn Negative After Being Listed As Testifying Witnesses

Trial Tip 65     Florida State Courts Need Not Follow Holdings of Federal District and Circuit Court

Trial Tip 66     Removal to Federal Court – Post-Removal Joinder of Non-Diverse Defendant…

Trial Tip 67     Dealing with Judges Who Refuse to Set Actions for Trial

Trial Tip 68     Use of Discovery Materials On Summary Judgment Motions

Trial Tip 69     Offers of Judgment/Proposals for Settlement

Trial Tip 70     Use of an Expert Deposition Without Qualifying Expert

Trial Tip 71     Inadmissibility of Evidence of Settlement with Former Defendants

Trial Tip 72     Requirements of Expert Testimony to Recover Expert Fees as Taxable Costs

Trial Tip 73     Graves Amendment Car Rental Issue – Outline for Fallback Arguments

Trial Tip 74     Use of Non-Party Depositions At Trial

Trial Tip 75     Overcoming “Sudden Loss of Consciousness” Defense

Trial Tip 76     Avoiding Statute of Limitation When Identifying Incorrect Defendant in Complaint

Trial Tip 77     Providing Notice of Constitutional Challenges to statutes

Trial Tip 78     Introducing Scholarly Publications – The “Learned Treatise” Doctrine

Trial Tip 79     Experts Not Limited to Deposition Testimony

Trial Tip 80     Striking Defendant’s Pleadings as a Sanction for Obscuring Evidence…

Trial Tip 81     Overcoming Work Product Objections to Discovery of Incident Reports

Trial Tip 82     Motions for “Reconsideration” vs. Motions for “Rehearing”–!…

Trial Tip 83     No Need to Prove Permanent Injury in UM/UIM Case Involving Phantom Vehicle…

Trial Tip 84     Planning for Federal Income Tax Consequences of Personal Injury Settlements

Trial Tip 85     Planning for Federal Income Tax Consequences of Personal Injury Settlements

Trial Tip 87     Planning for Federal Income Tax Consequences of Personal Injury Settlements

Trial Tip 89     Planning for Federal Income Tax Consequences of Personal Injury Settlements

Trial Tip 90     Planning for Federal Income Tax Consequences of Personal Injury Settlements

Trial Tip 91     Planning for Federal Income Tax Consequences of Personal Injury Settlements