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Attorney Statements to the court?

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wnagel

Member
What is the name of your state? KS

A sort of generic question: When an attorney starts his disertation at the beginning of a hearing and just continues to ramble and ramble, and in essence is giving testimony and presenting evidence, can the other attorney request that he be sworn in and take the stand? The opposing attorney had been using this tactic for months, where we would be scheduled with a 30 or 40 minute hearing and then he would stand up and start off ramblings and rambling, and of course, his rambling would include lies and exaggerated facts but in essence then taking up all the scheduled time of the hearing. When we ask for a postponement to be able to bring our evidence, we get it, but the opposition still got their lies in front of the Judge.
 


I AM ALWAYS LIABLE

Senior Member
wnagel said:
What is the name of your state? KS

A sort of generic question: When an attorney starts his disertation at the beginning of a hearing and just continues to ramble and ramble, and in essence is giving testimony and presenting evidence, can the other attorney request that he be sworn in and take the stand? The opposing attorney had been using this tactic for months, where we would be scheduled with a 30 or 40 minute hearing and then he would stand up and start off ramblings and rambling, and of course, his rambling would include lies and exaggerated facts but in essence then taking up all the scheduled time of the hearing. When we ask for a postponement to be able to bring our evidence, we get it, but the opposition still got their lies in front of the Judge.

My response:

It's called an "Opening Statement". No, the attorney can't be called to testify under oath. It's up to the judge to control his courtroom.

IAAL
 
R

ResIpsaLoquitur

Guest
Rambling

An opening statement is made at the beginning of a trial - you seem to be talking about hearings . . .for what purpose? Evidence admissibility or pre-trial motions or . .what? In a civil action or criminal court?
 

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