In the same motion, the accused also asked the court to hold in abeyance the submission of memorandum by both parties until he rests his case upon the completion of the presentation of surrebuttal
In its analysis, the Board declined to read Federal Rule of Civil Procedure 26(a)(2)(D) as prohibiting surrebuttal
is the process of providing response to an opposite party's answer which means that it is a rebuttal to a rebuttal.
We hope that our original article and this surrebuttal
will make a modest contribution to the responsible discussion of lawyer ethics and of our adversarial system of justice.
, etc., essentially proceed by thinking of the two policies
Most of the time we go right to instructions, (210) but every now and then we end up in the land of the "last word," an area also known as rebuttal and surrebuttal
(199) Justice Breyer delineated other forms of a "defendant's defense" such as: (1) an affirmative defense unrelated to the merits (such as a Speedy Trial Act claim); (2) an unrelated claim of constitutional right; and (3) a foreseeable surrebuttal
to a likely Government rebuttal.
This provision states, (d) Rebuttal and surrebuttal
. The prosecution may rebut matters presented by the defense.
He might have tried to elicit favorable cross-examination testimony from one of KLM's witnesses that would have established the occurrence of an "accident."(57) Or he perhaps could have submitted additional evidence on the accident issue, either on surrebuttal
or by reopening his case-in-chief(58) When put on notice of a deficiency in its proof, therefore, a party does have available avenues by which to cure.(59)
(3) If desired, rebuttal by the government and surrebuttal
by the defense is permitted, and then both sides have an opportunity to present a sentencing argument.
The digitized, networked competition of ideas has generated new conservative and libertarian divisions and alliances, a parade of impressive new talents, and the appearance almost daily of substantial books and essays and vigorous rebuttals and surrebuttals
to what was published last week.