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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 ...
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 prior consistent statement is not a hearsay exception; the FRE specifically define it as non-hearsay. A prior consistent statement is admissible: to rebut an express or implied charge that the declarant recently fabricated a statement, for instance, during her testimony at trial; the witness testifies at the present trial; and
This list of U.S. states by Alford plea usage documents usage of the form of guilty plea known as the Alford plea in each of the U.S. states in the United States. An Alford plea (also referred to as Alford guilty plea [1] [2] [3] and Alford doctrine [4] [5] [6]) in the law of the United States is a guilty plea in criminal court, [7] [8] [9] where the defendant does not admit the act and ...
Illinois law gave every person convicted in a criminal trial a right of review by writ of error, but it was necessary for the defendant to furnish the appellate court with a bill of exceptions or report of proceedings at the trial certified by the trial judge, and it was sometimes impossible to prepare such documents without a stenographic ...
And he would also see a preview of what that testimony in a criminal trial would look like. As part of Trotter’s civil case, Trevor testified before the judge in his chambers – with Kelly present.
The Uniform Interstate Depositions and Discovery Act (UIDDA) is a model statute adopted by a majority of U.S. states to establish a uniform process for obtaining depositions and discovery in concert with other participating states.
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.