giuffre-maxwell
gov.uscourts.nysd.447706.526.0
5 pg
…ANY
EVIDENTIARY FOUNDATION, HEARSAY, AND NOT RELEVANT. ........................... 3
II. THE TESTIMONY IS INADMISSIBLE UNDER RULE 702 OF THE FEDERAL RULES
OF EVIDENCE ....................................................................................................................... 4
A. Handwriting Analysis Lacks…
giuffre-maxwell
gov.uscourts.nysd.447706.1167.2
27 pg
…burden (“Privacy Interests”).
CI-4 - Preserving the fundamental rights of suspects or others under criminal investigation –
including due process right to a fair trial and impartial jury unimpaired by excessive publicity,
release of potentially inadmissible evidence for the Criminal Action…
giuffre-maxwell
gov.uscourts.nysd.447706.1209.1
24 pg
…422, 468 640
DATE
DOC. # DEFENDANT’S POSITION C/I[1] Status
FILED
Court
Keep sealed – Non-Party reliance on ordered ot…
giuffre-maxwell
gov.uscourts.nysd.447706.524.0
5 pg
…and fundamental rights.
Ms. Maxwell requests a pre-trial hearing on this issue and that the Court issues a ruling
that the opinions expressed in Exhibit A are inadmissible at trial for the above stated reasons.
Dated: January 5, 2017
…
giuffre-maxwell
gov.uscourts.nysd.447706.530.0
5 pg
…must be excluded.
Ms. Maxwell requests a pre-trial hearing on this issue and that the Court issues a ruling
that the opinions expressed in Exhibit A are inadmissible at trial for the above stated reasons.
Dated: January 5, 2017
…
giuffre-maxwell
gov.uscourts.nysd.447706.1150.1_2
28 pg
…burden (“Privacy Interests”).
CI-4 - Preserving the fundamental rights of suspects or others under criminal investigation –
including due process right to a fair trial and impartial jury unimpaired by excessive publicity,
release of potentially inadmissible evidence for the Criminal Action…
giuffre-maxwell
gov.uscourts.nysd.447706.996.0
14 pg
…Category 3: Limine motions re expert testimony of evidence and related orders.
Plaintiff again argues that because the Second Circuit released summary judgment
materials, this Court should apply the same analysis and release her experts’ inadmissible
testimony. As discussed above…
giuffre-maxwell
gov.uscourts.nysd.447706.1320.28
32 pg
…how she intends to
introduce that evidence in a trial of this defamation claim between Plaintiff and Ms. Maxwell.
Apart from these witnesses stated intent to take the Fifth Amendment which renders their
testimony inadmissible, as discussed more fully below…
giuffre-maxwell
gov.uscourts.nysd.447706.1078.1
8 pg
…plea of guilty to the offense charged or a lesser offense;
(6) Information the lawyer or law firm knows is likely to be inadmissible at trial and
would if disclosed create a substantial likelihood of prejudicing an impartial trial; and
…
giuffre-maxwell
gov.uscourts.nysd.447706.1090.18
11 pg
…issuing the denial. Plaintiff’s attempt to amplify this proceeding into
something broader should not be condoned.
Because the evidence sought is nothing more than extraneous inadmissible
“circumstantial evidence” 7 irrelevant to proving the essential elements of the claim, “the…
giuffre-maxwell
gov.uscourts.nysd.447706.1073.0
22 pg
… Case 1:15-cv-07433-LAP Document 1073 Filed 07/01/20 Page 8 of 22
misrepresentations of fact, and the attached portions of deposition testimony demonstrate that
Plaintiff’s questions themselves were packed with inadmissible, false representations.
1…
giuffre-maxwell
gov.uscourts.nysd.447706.1201.10_1
27 pg
…1995) (quotation omitted).
Although relevance in discovery is broader than that required for admissibility at trial,
"the object of inquiry must have some evidentiary value before an order to compel disclosure of
otherwise inadmissible material will issue." Zenith Electronics Corp…
giuffre-maxwell
gov.uscourts.nysd.447706.1156.0
35 pg
…Maxwell. The
arguments should not be re-litigated.
Maxwell argues that “[t]he Sealed Items contain information relevant to the Criminal
Action that may or may not later be determined inadmissible in that trial,” and that “[u]nless
suppressed, the…
giuffre-maxwell
gov.uscourts.nysd.447706.1256.12
32 pg
…how she intends to
introduce that evidence in a trial of this defamation claim between Plaintiff and Ms. Maxwell.
Apart from these witnesses stated intent to take the Fifth Amendment which renders their
testimony inadmissible, as discussed more fully below…
giuffre-maxwell
gov.uscourts.nysd.447706.1067.0
10 pg
…153-1, Exhibits 4, 5, 6 and 7
Ms. Maxwell claims that the third-party depositions are unreliable and inadmissible. Again,
this is not the correct standard for sealing. See Section II.F.
C. Dkt. 172 and Related Submissions
Ms…
giuffre-maxwell
gov.uscourts.nysd.447706.1150.0
56 pg
…burden (“Privacy Interests”).
CI-4 - Preserving the fundamental rights of suspects or others under criminal investigation –
including due process right to a fair trial and impartial jury unimpaired by excessive publicity,
release of potentially inadmissible evidence for the Criminal Action…
giuffre-maxwell
gov.uscourts.nysd.447706.1327.26
27 pg
…1995) (quotation omitted).
Although relevance in discovery is broader than that required for admissibility at trial,
"the object of inquiry must have some evidentiary value before an order to compel disclosure of
otherwise inadmissible material will issue." Zenith Electronics Corp…
giuffre-maxwell
gov.uscourts.nysd.447706.599.0
12 pg
…as
– that clearly
lie in the province of the jury. Indeed, “expert testimony is inadmissible when it addresses ‘lay
matters which a jury is capable of understanding and deciding without the expert’s help.’”
Highland Capital Mgmt., L.P. v…
giuffre-maxwell
gov.uscourts.nysd.447706.995.0
11 pg
…public access.”).
3. Documents Filed for an “Improper Purpose”
John Doe argues that “[i]nsofar as Judge Sweet determined that a filing, or a portion of a
filing, was comprised of inadmissible evidence or contained frivolous arguments . . . or was
redundant…
giuffre-maxwell
gov.uscourts.nysd.447706.1149.0
18 pg
…are not strictly and inescapably necessary.” Id.
“After the commencement of the trial itself, inadmissible prejudicial information about a
defendant can be kept from a jury by a variety of means. When such information is publicized
during a pretrial proceeding…
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