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Witness A was examined on direct examination by the prosecutor. The defense counsel however employed dilatory tactics and was able to secure…

2012 Bar Exam · Remedial Law · Question 82 · Multiple choice

The question

Witness A was examined on direct examination by the prosecutor. The defense counsel however employed dilatory tactics and was able to secure numerous postponements of A's cross examination. A suffered a stroke and became incapacitated. His uncompleted testimony may therefore be:

  1. A.Ordered stricken from the record.
  2. B.Allowed to remain in the record.
  3. C.Held in abeyance until he recovers.
  4. D.Not be given any probative weight.

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