That's also true, your Honor, largely with respect to
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10
id.
12
13
14
L5
16
ne)
18
life)
20
21
22
23
24
25
70
H3VOGIU1
hearsay.
That's also true, your Honor, largely with respect to
the rest of the motions. They are asking for an advisory
opinion from this Court about things that may or may not
happen. Your Honor, I just don't see the need to waste more
time on it.
There is only one issue, the one raised in 28 where we
have presented the possibility that as the party that bears the
burden of proof, we would be allowed during closing arguments,
for example, to comment on the lack of proof, which is a common
closing argument.
If they have control over a party and that party
doesn't come and testify, we may, under the appropriate
circumstances and with the right foundation, ask for a missing
witness instruction, your Honor, but these are all advisory
questions at this point.
MS. McCAWLEY: Your Honor, Sigrid McCawley on behalf
of the plaintiff. Would the Court like to take a break at this
point? I know we've gone for a couple hours. I'm not sure how
you'd like to proceed. We're happy to address --
THE COURT: Let's finish.
MS. McCAWLEY: Let's finish. Okay, great. Thank you.
call
MR. CASSELL: Paul Cassell, your Honor, for
Ms. Giuffre.
The defense started with an overview of Rule 405(b),
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
HOUSE_OVERSIGHT_011373
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