Jesse Gessin publishes article in Orange County Lawyer – “Were They Lying?” Questions: A Practitioner’s Look at the California Rule versus the Federal Rule

December 09, 2019  |   Recent Posts   |     |   Comments Off on Jesse Gessin publishes article in Orange County Lawyer – “Were They Lying?” Questions: A Practitioner’s Look at the California Rule versus the Federal Rule

Jesse Gessin, partner, published an article in the December 2019 issue of the “Orange County Lawyer,” official publication of the Orange County Bar Association.

Excerpt from the article, “Jesse Gessin publishes article in Orange County Lawyer – “Were They Lying?” Questions: A Practitioner’s Look at the California Rule versus the Federal Rule”:

The rule of sequestration results in parties often being the only witnesses to hear every other witness at trial.  That makes them “super witnesses” who can testify about other witnesses’ testimony.  It is tempting to ask the only all-knowing witness: “So, were they lying?”  

In California, an attorney is permitted to pose a “were they lying?” question to a party, putting California jurisprudence at odds with federal decisions from nearly every Circuit Court of Appeals. This article examines the difference in the two rules, the rationales behind the differences, and practice points for addressing “were they lying?” questions.

Read the article

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