Anticipating Problems

• Jurisdiction: Maryland

VII. ANTICIPATING PROBLEMS

It is important not only to know the theory of your case and all the elements which you need to prove, but also to know the theory of the adversary's case and all the elements he or she needs to prove. If all of these elements are not proved sufficiently, a motion to dismiss or a motion for judgment would be in order. Anticipate problems of procedure (e.g., have a fact witness lay the foundation for an expert). Anticipate problems of proof (e.g., a witness is out of state and you want to use the deposition instead).

Advance legal research on anticipated procedural and evidentiary problems is important. A...