Combating A Decedent’s Testimony In Wrongful Death Cases

Law360, New York (July 24, 2013, 1:44 PM EDT) -- The testimony of a deceased plaintiff in a wrongful death case is often the most critical evidence presented. Defense counsel in such cases must be prepared to limit this testimony where possible and minimize its impact on the jury if it is admitted at trial. Whether the testimony of a decedent is admissible at trial often presents a complex question that requires an analysis of applicable rules of procedure and evidence, as well as state “dead man’s statutes,” some of which allow for the admissibility of...
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