Temple University Beasley School of Law - Advocacy

JANUARY 16, 2024

The principle at issue is what is called a binding judicial admission, and its roots can be traced back to at least 1880, when the U.S. Supreme Court stated that “[i]n the trial of a cause the admissions of counsel, as to matters to be proved, are constantly received and acted upon. The same has been applied to closing arguments.

Closing Argument 40

Closing Argument Opening Statement Admissibility Pleadings 40

Evidence at Trial

OCTOBER 3, 2022

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?

Admissibility 52

Admissibility Evidence Exhibits Objections 52

Evidence at Trial

MARCH 22, 2023

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. When asked to explain how, the defense attorney stated that in future cases, "the defendants' attorneys will simply ask the court to take judicial notice of the [expert witness'] testimony." Judicial notice?

Evidence 52

Evidence Witnesses Hearsay Rule Admissibility 52