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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a criminal action for arson, after a pre-trial conference, the court issues a pre-trial order enumerating: (1) the issues to be tried are identity of the accused and elements of arson; (2) documentary exhibits admitted are Exhibit A (arson investigation report) and Exhibit B (fire marshal's report); (3) no other documentary evidence will be admitted unless a party demonstrates good cause and obtains the court's approval; (4) only two witnesses, W1 (arson investigator) and W2 (fire marshal) to testify. Two weeks before trial, the defense discovers Exhibit C: a handwriting analysis report showing that the supposed alibi letter, submitted by the prosecution, was authored by another person; the defense moves to admit Exhibit C and to call W3, a forensic handwriting expert, to authenticate. The prosecution objects on the ground that they were not listed in the pre-trial order. The court must decide: (a) Identify the controlling doctrine governing the effect of the pre-trial order on the trial. (b) Assuming the pre-trial order is binding, can Exhibit C and W3 be admitted? Explain the rule and any limits. (c) If a party seeks to modify the pre-trial order to admit Exhibit C and W3, what is the proper basis and procedure for modification, and what factors should the court consider in ruling on the request?

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Clara

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