Practice Tip: Tell Your Clients “Don’t Text to the Witness”

We've all heard about the jurors who go home at night and Google the witnesses or the lawyers — and I'm sure the cases we hear about are only the tip of the iceberg.

But the feisty South Florida Lawyers Blog has got a story that tops any of that: a party text messaging with a witness during a break in that witness's testimony.

Instant mistrial when discovered. (Note: the lawyers were at a sidebar with the judge when it happened, so they're not to blame for this one.)

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One Response to Practice Tip: Tell Your Clients “Don’t Text to the Witness”

  1. Thanks for the link, Professor! It’s certainly conceivable the witness was not fully aware of the restrictions on communication while on the stand, but it’s a classic South Florida state court story.

    Does the bailiff need to take all hand-helds from all witnesses from now on?

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