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In some states, stenographic, audio, or video records of depositions can be offered into evidence even if the witness is available. Deposition of the opposite party is often used to produce self-incriminating statements from the deponent, also document identification questions can make exhibits admissible for hearings and summary judgment motions.
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
Illinois, 484 U.S. 400 (1988), is a United States Supreme Court decision in which the Court held that defense witnesses can be prevented from testifying under certain circumstances, even if that hurts the defense's case. [1]
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 ...
Federal cases and some states follow Rule 27(a)(3) of the Federal Rules of Civil Procedure concerning the production of documents in pretrial discovery, including those pertaining to depositions. These can include the subpoena duces tecum to produce documents, or in some cases to undergo a physical or mental examination .
The defendants then filed a petition under the Illinois Post-Conviction Hearing Act (Ill. Rev. Stat. ch. 38 §§ 826–832), under which only questions arising under the State or Federal Constitution could be raised, to obtain a certified copy of the entire record for their appeal, alleging that there were manifest nonconstitutional errors in the trial that entitled them to have their ...
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.
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 ...