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WARNING: YOUR OPENING STATEMENT OR CLOSING ARGUMENT MAY BE USED AGAINST YOU

Temple University Beasley School of Law - Advocacy

The question lawyers need to ponder – and adversaries need to pounce upon – is whether that same admonition applies to what lawyers say in their openings and closings, with the added concern that the warning will be anything you say SHALL be used against you, and you can’t dispute it. The same has been applied to closing arguments.

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Persuasive Shortcuts: Document Summaries In Federal and California Courts

Evidence at Trial

Closing argument, the theory goes, is when it will all come together. These thousands of pages were relevant and admissible. Even assuming the other party stipulated to the documents' admissibility (they didn't), was there a clear, concise, and nonboring way to communicate the substance of this evidence to the jury?

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Judicial Notice: Four Must-Know Rules

Evidence at Trial

In closing argument, you can run through the facts of the case and—referring to the fact judicially noticed—remind the jury that this fact is beyond dispute, because the judge said so. Just because something is judicially noticeable does not mean it's admissible. No such foundation was laid for the.