DOCSLIB.ORG

Preliminary Paper No 23 EVIDENCE LAW: PRIVILEGE a Discussion Paper

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Preliminary Paper No 23 EVIDENCE LAW: PRIVILEGE a Discussion Paper Preliminary Paper No 23 EVIDENCE LAW: PRIVILEGE A discussion paper 2 Preliminary Paper No 23 EVIDENCE LAW: PRIVILEGE A discussion paper May 1994 Wellington, New Zealand The Law Commission welcomes your comments on this paper and seeks your response to the questions raised. These should be forwarded to: The Director, Law Commission, PO Box 2590, DX 8434, Wellington by Thursday, 1 September 1994 The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its aim is to help achieve coherent and accessible laws that reflect the heritage and aspirations of New Zealand society. The Commissioners are: Sir Kenneth Keith KBE - President The Hon Justice Wallace The Hon Justice Blanchard Professor Richard Sutton Leslie H Atkins QC Joanne R Morris OBE The Director of the Law Commission is Alison Quentin-Baxter QSO. The offices of the Law Commission are at 89 The Terrace, Wellington. Postal address: PO Box 2590, DX 8434, Wellington, New Zealand. Telephone: (04) 473 3453. Facsimile: (04) 471 0959. Use of submissions The Law Commission's processes are essentially public, and it is subject to the Official Information Act 1982. Thus copies of submissions made to the Commission will normally be made available on request, and the Commission may mention submissions in its reports. Any request for the withholding of information on the grounds of confidentiality or for any other reason will be determined in accordance with the Official Information Act. Preliminary Paper/Law Commission Wellington 1994 ISSN 00113-2245 This preliminary paper may be cited as: NZLC PP23 Summary of Contents Page Preface xi I INTRODUCTION 1 General review II PRIVILEGES ASSOCIATED WITH LEGAL ADVICE OR LITIGATION 17 Introduction 19 Legal professional advisers: current or contemplated litigation 22 Legal professional advisers: other preparations for litigation 35 Legal professional advisers: litigation not contemplated 53 Legal professional advisers: limitations on claiming privilege 66 Settlement negotiations: statements made "without prejudice" 78 III PRIVILEGES ASSOCIATED WITH PARTICULAR CONFIDENTIAL RELATIONSHIPS 87 Introduction 89 Married persons: privilege and compellability 92 Religious and spiritual advisers 107 Doctors and psychologists 114 Informers 124 Journalists 132 IV PRIVILEGES OF GENERAL APPLICATION 141 Introduction 143 Confidential relationships The Crown 169 Draft privilege and compellability sections for an evidence code 188 Summary of questions 235 Appendices 241 Bibliography 261 Contents Page Para Preface xi PART I INTRODUCTION 1 1 General review The scope of the law of privilege When is a privilege justified? Giving effect to a privilege in court proceedings Giving effect to a privilege in other situations Conclusion PART II PRIVILEGES ASSOCIATED WITH LEGAL ADVICE OR LITIGATION 17 2 Introduction Legal professional privilege Settlement negotiations 3 Legal professional advisers: current or contemplated litigation 22 45 The justification for the privilege Requirements for asserting the privilege Which advisers may receive protected communications? 27 63 Which clients may make protected communications? 4 Legal professional advisers: other preparations for litigation 35 83 The justification for the privilege Options for reform Requirements for invoking the privilege Two related privileges 51 128 Page Para 5 Legal professional advisers: litigation not contemplated The justification for the privilege Law reform proposals Requirements for a qualified privilege Which advisers may receive protected communications? 6 Legal professional advisers: limitations on claiming privilege 66 Waiver Material acquired by another person Joint and successive interests The furtherance of a criminal or unlawful act Information relevant to the defence of an accused 7 Settlement negotiations: statements made "without prejudice" 78 195 The justification for the rule The nature of the protection The extent of the privilege How the privilege is to be invoked PART III PRIVILEGES ASSOCIATED WITH PARTICULAR CONFIDENTIAL RELATIONSHIPS 87 8 Introduction 9 Married persons: privilege and compellability 92 221 The justification for protection 93 The scope of protection 96 235 The privilege for communications between spouses 98 242 Non-compellability in criminal cases 10 Religious and spiritual advisers 107 The justification for the privilege Defining the privilege Page Para 11 Doctors and psychologists The justification for the privilege Civil proceedings Criminal proceedings 12 Informers 124 The form of protection Who is an informer? The requirements for protection Exceptions 13 Journalists 132 Justification of a claim to privilege The present law Options for reform PART IV PRIVILEGES OF GENERAL APPLICATION 141 14 Introduction Private and public claims for protection 144 The case for discretionary protection 146 15 Confidential relationships What should be protected? The present law Legal requirements for protection 16 The Crown 169 What should be protected? Legal requirements for protection Challenging a government claim for secrecy 182 453 Draft privilege and compellability sections for an evidence code 188 Summary of questions 235 Page Appendices: A Draft structure for an evidence code 241 B Draft early sections for an evidence code 245 C Existing statutory provisions 247 D Extracts from Australian Evidence Bill 1993253 Bibliography 261 Preface The Law Commission's evidence reference is succinct and yet comprehensive: Purpose: To make the law of evidence as clear, simple and accessible as is practicable, and to facilitate the fair, just and speedy judicial resolution of disputes. With this purpose in mind the Law Commission is asked to examine the statutory and common law governing evidence in proceedings before courts and tribunals and make recommendations for its reform with a view to codification. The evidence reference needs to be read together with the criminal procedure reference, the purpose of which is: To devise a system of criminal procedure for New Zealand that will ensure the fair trial of persons accused of offences, protect the rights and freedoms of all persons suspected or accused of offences, and provide effective and efficient procedures for the investigation and prosecution of offences and the hearing of criminal cases. Both references were given to the Law Commission by the Minister of Justice in August 1989, shortly after the Commission published a preliminary paper on options for the reform of hearsay. This is the seventh in a series of Law Commission discussion papers on aspects of evidence law. Papers on principles for the reform of evidence law, codification of evidence law, hearsay evidence, and expert and opinion evidence were published in 1991. The Commission has also published Criminal Evidence: Police Questioning, a major discussion paper jointly under the evidence and criminal procedure references. Further papers dealing with topics such as evidence of character and credibility, and competence and vulnerable witnesses will be published as the reference progresses. In preparing this paper the Law Commission consulted with a wide range of people. At an early stage, the Commission held seminars in conjunction with Bell Gully Buddle Weir and Russell McVeagh McKenzie Bartleet at the offices of Bell Gully Buddle Weir, which focused on directions for reforming privilege law. The Commission would like to thank Chris Finlayson, Les Taylor, Stephen Kos and Terry Sissons for speaking at the seminars. The Commission received helpful comments on a draft of this paper from members of the legal profession, members of various professional associations and bodies, legal academics, and representatives from some Churches and community agencies. The Commission also consulted with the Law Reform Division of the Department of Justice and the New Zealand Police. We would like in particular to acknowledge the valuable assistance of Dr D L Mathieson QC, Ms D Buckingham, and Mr R M Mahoney who provided detailed comments on various drafts of the paper. In addition, the Commission was assisted by an advisory committee, comprising the Hon Sir John Jeffries, Judge J D Rabone, Dr R S Chambers QC and Mr S B W Grieve. The draft code provisions were 12 prepared by Mr G C Thornton QC, legislative counsel. This paper does more than discuss the issues and pose questions for consideration. It includes the Commission's provisional conclusions following extensive research and considerable preliminary consultation. It also includes a complete draft of the privilege provisions for a code and a commentary on them. The intention is to enable detailed and practical considerations of our proposals. We emphasise that we are not committed to the views indicated and our provisional conclusions should not be taken as precluding further consideration of the issues. Submissions or comments on this paper should be sent to the Director, Law Commission, P O Box 2590, Wellington, if possible, by Thursday 1 September 1994. Any initial inquiries or informal comments can be directed to Sachin Zodgekar (0-4-473 3453). PART I INTRODUCTION 2 1 General review Normally courts can compel disclosure of any information, whether confidential or not. When should a witness have a "privilege" not to testify about secret matters? What arguments can be made for privileges? Do they apply equally to the disclosure of information which the state requires from its citizens? THE SCOPE OF THE LAW OF PRIVILEGE
Load more

Recommended publications
  • Michigan Rules of Evidence Table of Contents
    Michigan Rules of Evidence Table of Contents RULES 101–106 .......................................................................................................... 4 Rule 101. Scope. ....................................................................................................... 4 Rule 102. Purpose. ................................................................................................... 4 Rule 103. Rulings on Evidence. ............................................................................... 4 Rule 104. Preliminary Questions. ........................................................................... 5 Rule 105. Limited Admissibility. ............................................................................. 5 Rule 106. Remainder of or Related Writings or Recorded Statements. ................. 5 RULES 201–202 .......................................................................................................... 5 Rule 201. Judicial Notice of Adjudicative Facts. .................................................... 5 Rule 202. Judicial Notice of Law. ............................................................................ 6 RULES 301–302 .......................................................................................................... 6 Rule 301. Presumptions in Civil Actions and Proceedings. ................................... 6 Rule 302. Presumptions in Criminal Cases. ........................................................... 6 RULES 401–411 .........................................................................................................
    [Show full text]
  • Lesson Plan Overview
    Participant Workbook Lesson Plan Overview Course Asylum Officer Basic Training Lesson Asylum Eligibility Part IV: Burden of Proof, Standards of Proof, and Evidence Rev. Date September 14, 2006 Lesson Description This lesson describes the various standards of proof that are required in adjudicating affirmative asylum and credible fear cases. The lesson also explains the operation of the burden of proof in the affirmative asylum process. Field Performance Given a request for asylum to adjudicate, the asylum officer will Objective correctly apply the law to determine eligibility for asylum in the United States. Academy Training Given written and roleplay scenarios, trainees will correctly identify Performance Objectives which party bears the burden of proof and what standard of proof is required, and apply the law appropriately to determine eligibility for asylum in the United States. Interim (Training) 1. Distinguish the applicant’s burden of proof from the standards of Performance Objectives proof necessary to establish eligibility for asylum. 2. Identify the applicant’s burden of proof to establish eligibility to apply for asylum. 3. Identify applicant’s burden of proof to establish eligibility for asylum. 4. Identify types of evidence that may establish eligibility for asylum. 5. Identify DHS’s burden of proof in asylum adjudication. Instructional Methods Lecture, Discussion Student References Participant Workbook Method of Evaluation Observed Lab exercise with critique from evaluator, practical exercise exam, Written test US CITIZENSHIP AND IMMIGRATION SERVICES – RAIO – ASYLUM DIVISION ASYLUM OFFICER BASIC TRAINING COURSE SEPTEMBER 14, 2006 ELIGIBILITY PART IV: BURDEN OF PROOF, STANDARDS OF PROOF, AND EVIDENCE AILA Doc. No. 19110711. (Posted 11/7/19) 1 Participant Workbook CRITICAL TASKS SOURCE: Asylum Officer Validation of Basic Training Final Report (Phase One), Oct.
    [Show full text]
  • 4.08 “Open Door” Evidence (1) a Party
    4.08 “Open Door” Evidence (1) A party may “open the door” to the introduction by an opposing party of evidence that would otherwise be inadmissible when in the presentation of argument, cross-examination of a witness, or other presentation of evidence the party has given an incomplete and misleading impression on an issue. (2) A trial court must exercise its discretion to decide whether a party has “opened the door” to otherwise inadmissible evidence. In so doing, the trial court should consider whether, and to what extent, the evidence or argument claimed to “open the door” is incomplete and misleading and what, if any, otherwise inadmissible evidence is reasonably necessary to explain, clarify, or otherwise correct an incomplete and misleading impression. (3) To assure the proper exercise of the court’s discretion and avoid the introduction of otherwise inadmissible evidence, the recommended practice is for a party to apply to the trial court for a ruling on whether the door has been opened before proceeding forward, and the court should so advise the parties before taking evidence. Note Subdivisions (1) and (2) recite the long-settled “open door” principle in New York, as primarily explained in People v Melendez (55 NY2d 445 [1982]); People v Rojas (97 NY2d 32, 34 [2001]); People v Massie (2 NY3d 179 [2004]); and People v Reid (19 NY3d 382 [2012]). Melendez dealt with the issue of whether the defense had opened the door to permit the prosecutor to explore an aspect of the investigation that would not otherwise have been admissible. The Court began by noting that, when an “opposing party ‘opens the door’ on cross-examination to matters not touched upon during the direct examination, a party has the right on redirect to explain, clarify and fully elicit [the] question only partially examined on cross-examination.” (Melendez at 451 1 [internal quotation marks and citation omitted].) Argument to the jury or other presentation of evidence also may open the door to the admission of otherwise inadmissible evidence.
    [Show full text]
  • The Respective Burdens of Proof in Title VII Cases: Price Waterhouse V
    The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals July 2015 The Respective Burdens of Proof in Title VII Cases: Price Waterhouse v. Hopkins Confuses the Issue Gregory T. Rossi Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Civil Rights and Discrimination Commons, Labor and Employment Law Commons, and the Law and Gender Commons Recommended Citation Rossi, Gregory T. (1990) "The Respective Burdens of Proof in Title VII Cases: Price Waterhouse v. Hopkins Confuses the Issue," Akron Law Review: Vol. 23 : Iss. 2 , Article 9. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol23/iss2/9 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Rossi: Burdens of Proof in Title VII Cases THE RESPECTIVE BURDENS OF PROOF IN TITLE VII CASES: PRICE WATERHOUSE v. HOPKINS CONFUSES THE ISSUE In August, 1982, a prestigious public accounting firm, Price Waterhouse, ("PW")1 nominated 88 candidates for partnership. Only one candidate was a woman. Her name is Ann Hopkins. This Note focuses on her employment discrimination action against PW, which the United States Supreme Court decided on May 1, 1989.
    [Show full text]
  • Proffer, Plea and Cooperation Agreements in the Second Circuit
    G THE B IN EN V C R H E S A N 8 D 8 B 8 A E 1 R SINC Web address: http://www.law.com/ny VOLUME 230—NO.27 THURSDAY, AUGUST 7, 2003 OUTSIDE COUNSEL BY ALAN VINEGRAD Proffer, Plea and Cooperation Agreements in the Second Circuit he Department of Justice over- Northern and Western districts provide sees 93 U.S. Attorney’s offices that proffer statements will not be used in throughout the country and any criminal proceeding, the Eastern and beyond. Thousands of criminal Southern agreements are narrower, T promising only that such statements will prosecutors in these offices are responsible for enforcing a uniform set of criminal not be introduced in the government’s statutes, sentencing guidelines and case-in-chief or at sentencing. Thus, Department of Justice internal policies. proffer statements in those districts may Among the basic documents that are be offered at detention hearings and criminal prosecutors’ tools of the trade are suppression hearings as well as grand proffer, plea and cooperation agreements. jury proceedings. These documents govern the relationship Death Penalty Proffer. The Eastern between law enforcement and many of the District’s proffer agreement has a provision subjects, targets and defendants whom defendant) to make statements to the that assures a witness or defendant that DOJ investigates and prosecutes. government without fear that those proffer statements will not be considered Any belief that these agreements are as statements will be used directly against the by the U.S. Attorney’s Office in deciding uniform as the laws and policies underly- witness in a later prosecution.
    [Show full text]
  • Rules of Evidence
    SUPREME COURT OF PENNSYLVANIA COMMITTEE ON RULES OF EVIDENCE Title 225 - Rules of Evidence [225 Pa. Code ART 1] Proposed Amendment of Pa.R.E. 104 and Revision of Comment The Committee on Rules of Evidence is planning to recommend that the Supreme Court of Pennsylvania approve the Amendment of Pa.R.E. 104 and Revision of Comment. This proposal has not been submitted for review by the Supreme Court of Pennsylvania. The text for the proposed changes precede the Report. Additions are bold and underlined, and deletions are in [bold and brackets]. We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel: Daniel A. Durst, Chief Counsel Supreme Court of Pennsylvania Committee on Rules of Evidence Pennsylvania Judicial Center 601 Commonwealth Ave., Suite 6200 P.O. Box 62635 Harrisburg, PA 17106-2635 Fax: (717) 231-9536 Email: [email protected] no later than July 30, 2010 By the Committee on Rules of Evidence PROFESSOR SANDRA D. JORDAN, CHAIR REPORT Proposed Amendment of Pennsylvania Rules of Evidence 104 (Preliminary Questions) and Revision of Comment Often the admissibility of evidence is conditioned upon the proof of foundational facts. Pennsylvania Rule of Evidence 104, modeled after Federal Rule of Evidence 104, adopted a process whereby preliminary questions concerning foundational facts are to be decided by the judge before the evidence can be admitted. To illustrate, a statement by a co-conspirator of a party made during the course and in the furtherance of a conspiracy may be admissible and not excluded as hearsay. However, a preliminary question must be answered before the statement can be admitted as a hearsay exception, to wit, whether there was a conspiracy.
    [Show full text]
  • Trial Process in Virginia
    te Trial Process In Virginia A Litigation Boutique THE TRIAL PROCESS IN VIRGINIA table of contents Overview . .3 Significant .MOtiOnS .in .virginia . .4 . Plea .in .Bar . .4 . DeMurrer. .5 . craving .Oyer . .5 Voir .Dire . anD .Jury .SelectiOn .in .virginia . .6 OPening .StateMent . .8 the .receiPt .Of .e viDence . .10 MOtiOnS .tO .Strike . the .eviDence . .12 crOSS-exaMinatiOn . .14 clOSing .arguMent. .15 Jury .inStructiOnS . .17 Making .a .recOrD .fOr .aPP eal . .17 tiMe .liMitS .fOr .nO ting .anD .Perfecting . an .aPPeal . .18 key .tiMe .liMit S .fOr . the .SuPreMe .cOurt .Of .virginia . .19 THE TRIAL PROCESS IN VIRGINIA overview The trial of a civil case in Virginia takes most of its central features from the English court system that was introduced into the “Virginia Colony” in the early 1600s. The core principles of confrontation, the right to a trial by one’s peers, hearsay principles and many other doctrines had already been originated, extensively debated and refined in English courts and Inns of Court long before the first gavel fell in a Virginia case. It is clearly a privilege to practice law in the historically important court system of the Commonwealth of Virginia, and everyone who “passes the bar” and earns the right to sit inside the well of the court literally follows in the footsteps of such groundbreaking pioneers as Thomas Jefferson, George Mason, George Wythe, John Marshall, Lewis Powell and Oliver Hill. However, this booklet is not designed to address either the history or the policy of the law, or to discuss the contributions of these and other legal giants whose legacy is the living system that we enjoy today as professional attorneys.
    [Show full text]
  • The Australian Priest-Penitent Privilege: Are They Protected?
    Journal of Politics and Law; Vol. 6, No. 4; 2013 ISSN 1913-9047 E-ISSN 1913-9055 Published by Canadian Center of Science and Education The Australian Priest-Penitent Privilege: Are They Protected? Patrick van Esch1 & Linda Jean van Esch2 1 School of Law, Charles Darwin University, Northern Territory, Australia 2 Western Australian School of Mines, Faculty of Science & Engineering, Curtin University, Perth, Australia Correspondence: Patrick van Esch, School of Law, Charles Darwin University, Ellengowan Drive, Casuarina, NT 0810, Australia. Tel: 61-8-8946-6666. E-mail: [email protected] Received: August 5, 2013 Accepted: August 23, 2013 Online Published: November 29, 2013 doi:10.5539/jpl.v6n4p90 URL: http://dx.doi.org/10.5539/jpl.v6n4p90 Abstract In Australia, the extent of the priest-penitent privilege has received much attention recently due to the appointment of a Royal commission into institutional responses to child sexual abuse in 2012. At present, only five (5) Australian jurisdictions provide statutes for some form of privilege to protect certain types of communications between clerics and individuals. The other jurisdictions rely on case law where it is deemed that the priest-penitent privilege does not apply, but this belief is yet to be tested. In an attempt to abide by their religious laws, and depending on the their particular denomination, clerics may be entitled, not obliged to refuse divulging subject matter from religious confessions, even if a confession was made or not. Keywords: priest-penitent privilege, the evidence acts, religious law, professional communications privilege, case law, state law, cleric 1. Introduction With the sanctity of the confessional being challenged in an increasingly secular world, it is becoming more likely that a religious cleric may be called to give evidence in a court of law; irrespective of any understanding towards the cleric’s ethical and religious obligations.
    [Show full text]
  • Alabama Rules of Evidence Article V. Privileges Rule 502. Attorney-Client
    Alabama Rules of Evidence Article V. Privileges Rule 502. Attorney-client privilege. (a) Definitions. As used in this rule: (1) “Client” is a person, public officer, or corporation, association, or other organization or entity, either public or private, that is rendered professional legal services by an attorney, or that consults an attorney with a view to obtaining professional legal services from the attorney. (2) “Representative of the client” is: (i) a person having authority to obtain professional legal services or to act on legal advice rendered on behalf of the client or (ii) any other person who, for the purpose of effecting legal representation for the client, makes or receives a confidential communication while acting in the scope of employment for the client. (3) “Attorney” is a person authorized, or reasonably believed by the client to be authorized, to engage in the practice of law in any state or nation. (4) “Representative of the attorney” is a person employed by the attorney to assist the attorney in rendering professional legal services. (5) A communication is “confidential” if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those to whom disclosure is reasonably necessary for the transmission of the communication. (b) General rule of privilege. A client has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made for the purpose of facilitating
    [Show full text]
  • Proffer Agreements
    BAR OURNAL J FEATURE States Attorney’s office for the Eastern District of New York provides: [T]he Office may use any statements made by Proffer Agreements Client: (A) to obtain leads to other evidence, which evidence may be used by the Office in any stage of a criminal prosecution (including What Is Your Client Waiving but not limited to detention hearing, trial or sentencing), civil or administrative proceeding, (B) as substantive evidence to and Is It Worth the Risk? cross-examine Client, should Client testify, and (C) as substantive evidence to rebut, directly or indirectly, any evidence offered or elicited, BY JOHN MCCAFFREY & JON OEBKER or factual assertions made, by or on behalf of Client at any stage of a criminal prosecution (including but not limited to detention hearing, our client is the target of a federal a plea of guilty later withdrawn” is inadmissible trial or sentencing).(Emphasis added.) investigation. He is offered the against the defendant. It is well-settled that the In practice, the particular language of these opportunity to speak with prosecutors protections afforded under these rules can be agreements determines what triggering events Yand investigators so that they have “his side” waived in proffer agreements, thus opening the open the door to the admission of a client’s of the story before determining whether door for a client’s statements to be used against proffer statements at trial. For example, in charges will be pursued. You may ask yourself, him at trial. United States v. Mezzanatto, 513 United States v. Gonzalez, 309 F.3d 882 (5th “What do I have to lose?” Well, the answer is U.S.
    [Show full text]
  • Admissible Evidence for Summary Judgment
    Admissible Evidence For Summary Judgment Ribbony Wolfie sometimes deal his hydrometry predictably and implode so humblingly! Edgier and planktonic Thorndike chirruping almost jocularly, though mishandlesMattias centralised unwontedly. his misunderstanding syncs. Devin is splendorous and premix communicatively as heteropolar Rodolph attaints impartibly and In the Penn case, summary judgment was appropriate. Although judicial admissions are usually conclusive, because it could not resolve the issue without further development of the record. The letter was deprived of evidence for consistency and for abuse. A forward for summary judgment may entertain be filed A rug any coincidence is. It should be authenticated, evidence for a signal of a potent litigation involved in which are not. Civil service Rule 56 Summary judgment Massgov. The admission is for admissions which facts can make summary judgment for which ultimately affirmed a civ pro quiz ebook! Analysis of many evidence review summary judgment mo- tions3 and to streamline the. The admissibility of hearsay evidence provided a motion of summary judgment. In evidence for admissions. An oral statement by counsel in the singular action neither a binding judicial admission if the statement was an unambiguous concession of a ground then at bustle and sister not made improvidently or unguardedly. Thus, consideration, no copy of authority transcript was attached. In law of summary judgment is a judgment entered by important court for bounce party and protect another. One party is admissible form for admissions are not admissibility into or motive. Between a Celotex-type and a traditional motion this summary judgment as that distinction. For example, the moving party may obtain summary judgment by showing that the opposing party has no evidence or that its evidence is insufficient to meet its burden at trial.
    [Show full text]
  • Probate and Property (35:01)
    THE COVID-19 ISSUE EFFECT OF THE COVID-19 REMOTE INK NOTARIZATION EVICTIONS AND THE VOL 35, NO 1 VIRUS ON COMMERCIAL LEASE AND REMOTE WITNESSING COVID-19 PANDEMIC JAN/FEB 2021 TRANSACTIONS DURING THE PANDEMIC A PUBLICATION OF THE AMERICAN BAR ASSOCIATION | REAL PROPERTY, TRUST AND ESTATE LAW SECTION SO MANY HAVE DIED COVID-19 in America’s Nursing Homes The Section is excited to announce the RPTE Book Club. The RPTE Book Club is a lecture and Q&A Series with the authors. Each series will be a different book title within the legal field. THE COLOR OF LAW A Forgotten History of How Our Government Segregated America Join RPTE along with author Richard Rothstein as he discusses how segregation in America is the byproduct of explicit government policies at the local, state, and federal levels along with a Q&A session. Wednesday, February 24, 2021 12-1 PM CT The first 100 registrants will receive a copy of the book with their registration fee. Register at ambar.org/rptebookclub PROFESSORS’ CORNER PROFESSORS’ CORNER A monthly webinar featuring a panel of professors addressing recent cases or issues of relevance to A monthlypractitioners webinar and featuring scholars ofa panel real estate of professors or trusts addressing and estates. recent FREE cases for RPTE or issues Section of relevance members to! practitioners and scholars of real estate or trusts and estates. FREE for RPTE Section members! Register for each webinar at http://ambar.org/ProfessorsCornerRegister for each webinar at http://ambar.org/ProfessorsCorner WILLS IN THE 21ST CENTURY: TOWARDS THE SECURE ACT: RETIREMENT PLANNING SENSIBLE APPLICATION OF FORMALITIES AND MONETARY EXPECTATIONS THE LEGACIES OF RACIAL RESTRICTIVE MOORE ON POWELL AND I.R.C.
    [Show full text]