The June issue of New Jersey Lawyer, the magazine of the New Jersey State Bar Association (NJSBA), takes a look at recent rule changes, strategies and tips related to trial preparation and advocacy, while addressing the unique circumstances created by the pandemic.
“This health crisis created new challenges for trial attorneys eager to tell their clients’ stories to juries,” the editors said in their introduction to the issue.
An article by Karen A. Confoy summarizes the standing orders issued by the District Court of New Jersey in response to the COVID-19 pandemic, including safety measures taken when accessing courthouses, the suspension of in-person proceedings, and continuing operations in a remote environment. She further discusses the amendment to Federal Rule of Civil Procedure 30(b)(6), which took effect on Dec. 1, and outlines proposed amendments to several of the District of New Jersey Local Rules.
Dominic V. Caruso, a former NJSBA trustee, provides a brief history of in limine motions in New Jersey prior to the adoption of Rule 4:25-8, which became effective on Sept. 1, and explained the impact this new rule will have on litigation.
NJSBA Trustee Diana C. Manning writes about effective methods for preserving the record for appeal when dealing with remote depositions and virtual jury trials, and Victor A. Affandor provides advice on the technology available to attorneys for conducting such trials.
John L. Slimm and Jeremy Zacharias offer guidance on opening statements and closing arguments. Edward T. Kole explores methods for cross-examining expert witnesses, and Roy Alan Cohen and Rahil Darbar provide tips on presenting deposition testimony at trial.
The process and standards for sealing documents or testimony prior, during or after trials are reviewed by Dennis Gleason, who examines the New Jersey state and federal procedures. And finally, Rich Lomurro argues in a piece that attorneys need to embrace the new virtual world and use social media to present their clients’ stories at trial.