Archive for: November, 2019

Nevada State Court Litigation Checklist: Get the Third Edition of this popular book that belongs in the library of every serious Nevada litigator. It has been called an “essential tool” in the arsenal of any attorney.  This checklist is as comprehensive as possible so that any attorney or person representing themselves can use it as a resource to at least find the applicable rule or statute that governs most situations, but more importantly, to understand what it takes, “A to Z” to get a case ready for trial. I approach preparation for every lawsuit as if it will go to trial. Although a majority of cases settle, an advocate who prepares each case as though it is going to trial better understands his or her case, and is likely to craft better written discovery and to take better depositions. That litigant is ultimately better equipped to achieve a more favorable settlement than they otherwise would.

  • 274 pages
  • Includes the elements for almost 200 Nevada causes of action (including annotations to caselaw and statutory authority)
  • New chapters on ADR and preparing witnesses to testify

Paperback Edition  69.99

 

Kindle Edition  59.99

 

A Litigator's Guide to Nevada Evidence and Objections by Jay YoungA Litigator’s Guide to Nevada Evidence and Objections: While Nevada’s statutory rules of evidence generally follow the Federal Rules of Evidence, the Federal system is not adopted wholesale.  Perhaps as important and confusing, Nevada does not follow the Federal numbering system, making it difficult to easily analogize to known Federal principals while in the heat of the battle in State court.  This guide is designed to allow litigators in Nevada who are accustomed to the Federal rules to quickly cross reference with Nevada’s rules, and to serve as a general guide on the contents of our rules of evidence.  The second section provides a handy guide to objections, prompting the user on how to lodge the objection, the source of law for the objection, and a short explanation of the objection.

Paperback Edition $44.99

 

Federal Court Civil Litigation Checklist: Get the Second Edition of this popular checklist.  It is a comprehensive “A to Z” approach to coach you from client intake to the first day of trial.   Although a majority of cases settle, a litigant who prepares each case as though it is going to trial better understands his or her case, and is likely to craft better written discovery and to take better depositions.  That litigant is ultimately better equipped to achieve a more favorable settlement than they otherwise would.

Paperback Edition $49.99

 

Kindle Edition $49.99

 

A Litigator’s Guide to Federal Evidence and Objections: This pocket guide is designed to allow litigators to quickly reference to the Federal Rules of Evidence (“FRE”). It is presented in three parts. First is a quick reference guide to the FRE. Second is a guide to objections. It provides a tag line for the objection (i.e., “Objection! Assumes facts not in evidence”), followed rule(s) on which the objection relies and a short explanation of the rule/statute should you need additional support or rationale for the objection. Third, is a complete copy of the 2019 FRE.

Paperback Edition $44.99

Checklist: Move for the Admission of EvidenceJay Young, top business lawyer

  1. Present the court with competent witness (witness has the mental capacity, and the ability to perceive, remember, and testify in an understandable manner)
  2. The witness must testify from his or her personal knowledge
  3. Mark the desired Exhibit with the clerk. “Your Honor, may I have permission to approach the Clerk for the purpose of marking this document as proposed Exhibit 12?”
  4. Provide a copy to opposing counsel (unless pre-marked and agreed to, which you should always attempt) “Your Honor, may the record reflect that I am handing a copy of proposed Exhibit 12 to Defense Counsel?”
  5. Ask for permission to approach the witness, “Your Honor, may I approach the witness?”
  6. Record the fact that the witness has the proposed exhibit, “Your honor, may the record reflect that I have handed the witness what has been marked as Exhibit 12 for identification purposes?”;
  7. Have the witness identify the document
    • “Do you recognize Exhibit 12?”
    • “What is it?”
    • “Is that your signature on the 4th page of Exhibit 12?
  8. Ask the court to admit the evidence.  “Your honor, we move for the admission of Exhibit 12 into evidence”
  9. Now that the document has been admitted, seek relevant testimony about the document.  “Now, turning to the second paragraph on page one of Exhibit 12, why did . . . ”

Does it meet the test?

  1. Competent witness (FRE 602; NRS 50.025)
  2. Relevant evidence (FRE 401; NRS 48.015): tendency to make a fact more or less probable
  3. Admissible evidence (FRE 402; NRS 48.025): personal knowledge and the witness saw, felt, touched, or experienced it
  4. Tested for hearsay? (FRE 801-805; NRS 51.045-51.096)
  5. Authentication (FRE 901/902; NRS 52.015-52.165)

Attorney Mark Gardberg

 

The chart below reviews the statutorily-recognized types of partnerships in Nevada.

 

 

 

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