Pre-trial discovery misconduct; a new antidote.: An article from: Trial

This digital document is an article from Trial, published by Association of Trial Lawyers of America on September 1, 1994. The length of the article is 5021 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: Admission of pre-trial misconduct can be used against criminal defendants and should be available against civil defendants as well, even though this may require reforming the advocate-witness rule. Such testimony can provide very relevant circumstantial evidence and may survive the Federal Rules of Evidence 403 test. Even evidence of pretrial attorney misconduct should be admissible because it shows knowledge of the weakness of the client's case. Moreover, both hearsay doctrine and sanctions law permit the imputation of attorney statements to the client when there is no client authorization for the statement.

Citation Details
Title: Pre-trial discovery misconduct; a new antidote.
Author: Edward J. Imwinkelried
Publication:Trial (Magazine/Journal)
Date: September 1, 1994
Publisher: Association of Trial Lawyers of America
Volume: 30 Issue: n9 Page: 32(7)

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