Perspective
Jan. 24, 2014
Retrials happen
Along with a slew of strategic concerns, a retrial is a minefield in the arena of discovery, especially expert discovery. By Joel E. Boxer
Retrials happen. Commonly ordered following a reversal on appeal, a hung jury, or the grant of a motion for new trial, retrials present trial lawyers with special challenges: Should the same witnesses and documents be presented or should the evidence be refocused? Should the opening argument be rewritten because of juror reaction in the first trial? Should a different representative of the corporate party attend the trial? Should the trial team b...
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