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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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Judicial Notice: Four Must-Know Rules

Evidence at Trial

In pretrial litigation , judicial notice requests are used in pleadings to establish some needed fact without an attesting witness. 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.