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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
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 ...
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 ...
Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). 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 ...
Another law taking effect Jan. 1 impacting employers is House Bill 3129, which mandates employers with 15 or more employees to include the pay and benefits for a position listed in a specific job ...
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.
But in the midst of legal proceedings against him, the accused priest fled to his native Ireland, where it is believed he remains today, despite federal charges for unlawful flight, and continues ...