Log In Create Account
Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Question Type
Question Source
0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
Next

Question

In a criminal action for arson, after a pre-trial conference the court issues a pre-trial order enumerating: (1) the issues to be tried are identity of the accused and elements of arson; (2) documentary exhibits admitted are Exhibit A (fire marshal’s incident report) and Exhibit B (scene photographs) and Exhibit D (laboratory analysis report); (3) no other documentary evidence will be admitted unless a party demonstrates good cause and obtains the court’s approval; (4) only three witnesses, W1 (investigating officer), W2 (fire investigator), and W3 (arson analyst) to testify. Two weeks before trial, the defense discovers Exhibit C: a CCTV video showing a person at the scene wearing clothing different from that described in the incident report, not listed in the pre-trial order, and intends to call W4, a video analyst, to authenticate. The defense moves to admit Exhibit C and to call W4; a prosecution objection follows on the ground that they were not listed in the pre-trial order. The court must decide: (a)Identify the controlling doctrine governing the effect of the pre-trial order on the trial. (b)Assuming the pre-trial order is binding, can Exhibit C and W4 be admitted? Explain the rule and any limits. (c)If a party seeks to modify the pre-trial order to admit Exhibit C and W4, what is the proper basis and procedure for modification, and what factors should the court consider in ruling on the request?

Your Answer

01:00
Use your browser microphone to dictate. This does not use AI credits.
0 words, 0 / 3000 characters
Load another random question

Clara

Hello