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Admission by Party Opponent

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  • #31
    Re: Admission by Party Opponent

    Golden Skull,

    You're right, but I think you misinterpreted my comment. My examples of Finch/Lee are examples of how a directing attorney utilizes the state's rep designation. Not an example of party opponent questioning for hearsay purposes. The underlying idea is that the opposing side can't use any statement made by the witness as a "party opponent" exception to hearsay. State's rep only opens up that additional range of questions about state procedures and policies. My take is nothing happens for hearsay purposes just because a person is designated a state's rep in this case.

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    • #32
      Re: Admission by Party Opponent

      In addition Finch and Lee were not party opponents when making these statements, therefor their out of court statements wouldn't find under this exclusion
      The function of leadership is to produce more leaders. Not followers.

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      • #33
        Re: Admission by Party Opponent

        [quote author=Mockinfordummies link=topic=4305.msg183835#msg183835 date=1266362042]
        In addition Finch and Lee were not party opponents when making these statements, therefor their out of court statements wouldn't find under this exclusion
        [/quote]
        Double-check QQ's explanation of hearsay exceptions on the previous page. You should (hopefully) understand why your statement is inaccurate.
        We are what we repeatedly do. Excellence, then, is not an act but a habit.

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        • #34
          Re: Admission by Party Opponent

          [quote author=nahoffman link=topic=4305.msg183832#msg183832 date=1266359954]
          Golden Skull,

          You're right, but I think you misinterpreted my comment. My examples of Finch/Lee are examples of how a directing attorney utilizes the state's rep designation. Not an example of party opponent questioning for hearsay purposes. The underlying idea is that the opposing side can't use any statement made by the witness as a "party opponent" exception to hearsay. State's rep only opens up that additional range of questions about state procedures and policies. My take is nothing happens for hearsay purposes just because a person is designated a state's rep in this case.
          [/quote]

          Oh, I see. And I think we don't disagree at all. I had read what you wrote, wrong.

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