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Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process ...
A trial court must balance the defendant's interest in a robust defense with the (i) state's interest in 'efficient' justice, (ii) state's interest in excluding evidence lacking integrity, (iii) state's interest in a strong judicial authority with followed rules, and (iv) the prosecution interest in avoiding prejudice due to a defendant's ...
A judge has ruled that former state Rep. Eddie Acevedo is required to testify at the public corruption trial of former Illinois House Speaker Michael Madigan and codefendant Michael McClain.
(The Center Square) – A defense attorney has presented a statement in lieu of testimony from Gov. J.B. Pritzker at the corruption trial of former Illinois House Speaker Michael Madigan. Lari ...
Requests for admission help narrow the scope of the controversy by getting certain admissions or denials of issues relevant to the lawsuit on record before a trial takes place. While evidence introduced at trial can be rebutted, admissions which are on record must be taken as true unless the judge permits them to be withdrawn or amended. Thus ...