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Case in Chief

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The portion of a trial whereby the party with the Burden of Proof in the case presents its evidence. The term differs from a rebuttal, whereby a party seeks to contradict the other party's evidence. Case in chief differs from "case" in that the latter term encompasses the evidence presented by both the party with the burden of proof and the party with the burden of rebutting that evidence.

Further readings

Glannon, Joseph W. 2001. Civil Procedure: Examples and Explanations. Gaithersburg, VA: Aspen Law & Business.

Kane, Mary Kay. 1996. Civil Procedure in a Nutshell. 4th ed. St. Paul, Minn.: West Group.

Cross-references

Burden of Proof; Rebut.


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In both cases, defendants had given statements that could not be used in the government's case in chief because of technical violations of Miranda.
Judge Freeman ruled evidence of Adami's conduct and the article in question are admissible at trial in Plaintiffs' case in chief, and the Court is considering a special instruction advising the jury how they may interpret Adami's actions.
The general-causation presumption "resolved the issues of proving the elements of strict liability, negligence, and breach of implied warranty in plaintiffs' case in chief because each of those causes of action depends on proving the 'generic causal effect' of ETS," Kaye wrote.
 
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