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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 attempted murder, 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 attempted murder; (2) documentary Exhibit A (police arrest report) and Exhibit B (ballistics report) are admitted; (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 (investigating officer) and W2 (ballistics expert) will testify. Two weeks before trial, the defense discovers Exhibit C: CCTV footage from a nearby store showing a different person at the scene, which was not listed in the pre-trial order, and intends to call W3, a video analyst, to authenticate. The defense moves to admit Exhibit C and to call W3; 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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