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Old 07-18-2006, 01:20 PM   #11
Sidd Finch
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Fact vs. Allegatoin

Quote:
Originally posted by Tyrone Slothrop
It's possible, but surely you would agree that it's not what's usually meant when someone asks for a cite.
Maybe in your practice. Not in mine. I do a lot more fact-lawyering these days.



Quote:
And if someone asks you for an evidentiary cite, and you respond with, e.g., hearsay, no one would say, "that's inadmissible -- I asked for a cite."
Maybe in your practice. Not in mine. For example, I have often written something to the effect of "plaintiffs fail to cite any admissible evidence for their proposition that...."



Quote:
A citation identifies where material can be found; it doesn't suggest that material is, e.g., admissible.
Sure. It just depends on the context. That is why, perhaps, comparing discussions on this board to what we do in our practice is a mistake.
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