tag:blogger.com,1999:blog-2506514005426983269.post7113454106316016832..comments2023-10-28T08:02:44.565-05:00Comments on illusory tenant: Scott Walker's famous emailsillusory tenanthttp://www.blogger.com/profile/08524761974822871419noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-2506514005426983269.post-5402748394931754532012-06-03T07:48:21.133-05:002012-06-03T07:48:21.133-05:00Well it's not a trial, although I suppose a ju...Well it's not a trial, although I suppose a judge might interpret 'record' here as being something similar to a trial record. But the WisBar article refers to exhibits "produced" during the proceeding. Even at trial it's not enough to produce exhibits, they have to be admitted to the record, their evidentiary foundation laid, withstand objections according to the rules of evidence, etc.<br /><br />In the John Doe proceeding a party testifying may only have her attorney present; her attorney doesn't participate to the extent the attorney may at trial. The attorney may not even argue before the judge, which presumably includes the attorney's being precluded from objecting to the admission into the record of these exhibits "produced" at the proceeding.<br /><br />That's an awful lot of judicial discretion and very little due process.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-1243692575025003342012-06-03T06:57:58.823-05:002012-06-03T06:57:58.823-05:00I get your point, but in your interpretation, what...I get your point, but in your interpretation, what does "the record of the proceeding" mean? "Record" may have multiple meanings, but one of them does include a compilation of all material filed in the case, including the exhibits that are accepted into evidence.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-68907674708206378222012-05-31T20:22:24.584-05:002012-05-31T20:22:24.584-05:00If "would it work better" means more bil...If "would it work better" means more billable hours for the increased number of translators of the Law to the vulgate, then yes, it would be good for attorneys.Display Namehttps://www.blogger.com/profile/15842340986220388709noreply@blogger.com