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Have You Heard Anything from the FTC? Trial Antic: Limine

Posted: Mon Sep 29, 2014 11:30 pm
by Administrator
In trial, Experian's counsel likes to ask the wholly self-serving [and hearsay] question of Experian witness, David Browne: "have you heard anything negative from the FTC on this?" Of course you can object and it will be sustained but he has gotten the words uttered in front of the jury and caused the improper inference that you fear the self-serving hearsay response from Browne.

This is an example of the need for use of a pre-trial motion in limine to preclude Experian [or any other defendant] from using such statements/questions in the presence of the jury. With a bench trial, this is easily handled with argument to the judge...for ex., that Experian's lawyers' former law partner is the head of the FTC.

Same applies for similar self-serving suggestions that Attorneys General or any governmental entity spoke on any issue relevant in the case/trial.

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Have You Heard Anything from the FTC? Trial Antic: Limine