GAINING CREDIBILITY ON PROCEDURAL ISSUES

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GAINING CREDIBILITY ON PROCEDURAL ISSUES

Strengthening your credibility on procedural issues strengthens your credibility on the merits; the opposite is also true..

Procedural rules exist to ensure cases are fairly decided on their merits, and courts generally avoid resolving cases on technicalities. Raise procedural violations only when they cause real prejudice. Otherwise, you risk appearing more interested in trying to win your case on a procedural than the merits of your case.

Do not sit on procedural issues to claim prejudice later. For example, if you know the opposing party has a relevant video, request it in discovery, and follow up with the request. If you wait until trial to complain and claim prejudice, the court may find no prejudice because you knew about the video and made no efforts to obtain it. But if you requested the video and it was still withheld, you can credibly argue a willful violation, and that the otherside purposely withheld the video.

Finally, try to resolve procedural issues without court involvement and allow opposing counsel to cure errors when possible. This demonstrates good faith on your part and enhances your credibility when you raise a procedural issue where you are genuinely prejudiced.

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Aaron Baghdadi

Criminal Defense Attorney
Public Defender's Office
18th Judicial Circuit
Sanford, Florida

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Aaron Baghdadi