Do you have any basis to exclude this?

Q. What is the smartest thing you have seen someone do in court?

answered by Jim Pearson, Lawyer (1983-present)

It was 1985 … We were in Court. In trial. With a jury.

In the middle of the case the opposing side “found” a recording which damaged us.

The Judge and both sides listened to it before letting the jury hear it.

The Judge asked my boss, “Do you have any basis to exclude this?

My boss asked the Bailiff for a phone book. Remember those? Paper and about 6” high.

He looked inside the cover of the phone book. There were the “Tariffs” under which SW Bell operated.

Printed there was a statutory requirement that recorded phone calls must have a beep every 3 seconds.

He handed it to the Judge. The judge ruled that, since there were no beeps, the recording could not come in.

We won that case.

There are others, but this is a favorite.

Jim, down in Texas

 

One thought on “Do you have any basis to exclude this?

  1. Huh, interesting. I can remember my father and I were in court and my father has very poor hearing, he kept talking so loud even though it was pure silent in the courtfoom, he kept saying, this guy doesn’t have a chance and this is what we will say if he says this and on and on. I had to beg my Dad to stop talking, he thought he was whispering, and he was almost yelling. This totally brought back that memory for me.

    Liked by 1 person

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