Evidence-Wellborn SU2006 Outline

General notes leading questions are ordinarily

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Unformatted text preview: causation point)...and then on cross, over objection, the defense was allowed to go into other subjects at that time, with the plaintiff's experts..... Violated Scope of Cross: Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court, may, in the exercise of discretion, permit inquiry into matters as if on direct examination. o IF you want to bring in things not brought up on direct, you have to wait until it is your case and call the witness on direct. Texas Law: Texas law is Wide Open (611(b)) cross-examination, can use that witness for any subject that is relevant to the case Was originally put in by the advisory committee in the federal rules, but the house vetoed this idea and made it restrictive. Hypo: Fire Insurance Case. Plaintiff had property insurance from defendant on a business property that burned total loss during the policy period. Defense has pled the affirmative defense of arson fraud. Plaintiff calls a witness hard...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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