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Trial Conduct by Ron McLean April 5, 2010

Trial Conduct by Ron McLean April 5, 2010.

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Trial Conduct by Ron McLean April 5, 2010

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  1. Trial Conductby Ron McLeanApril 5, 2010

  2. You’re a – you’re a –you’re an obnoxious defender of entities that kill people. You are a – you are a reprehensible example –- of a defender of a Worker’ Compensation system –-who is absolutely – You’re a – you’re a –you’re an obnoxious defender of entities that kill people. You are a – you are a reprehensible example - - of a defender of a Worker’ Compensation system - -who is absolutely - That is – that is fast approaching - Well, your client in this case has certainly killed a number of people.Well, your client in this case has certainly killed a number of people.

  3. Voir Dire ● N.D.R.Civ.P. 47(a)● N.D.R.Crim.P. 24● N.D.C.C. § 28-14-06 (challenges for cause)

  4. Voir Dire Case law●Loveland v. Nieters, 54 N.W. 2d 533 (N.D. 1952)●Trautman v. New Rockford-Fessenden Co-Op. Trans. Ass’n, 181 N.W. 2d 754 (N.D. 1970) ●Dehn v. Otter Tail, 251 N.W. 2d 404 (N.D. 1977)

  5. Rules of Professional Conduct/ Voir Dire ● N.D.R. Professional Conduct 3.3● N.D.R. Professional Conduct 3.4● N.D.R. Professional Conduct 4.4

  6. Opening Statement ● N.D.Rule of Court 6.2● N.D.C.C. § 29-21-01● N.D.C.C. § 28-14-10

  7. Opening Statement State v. Skjonsby, 319 N.W. 2d 764 (N.D. 1982)Counsel shall be allowed considerable latitude.

  8. Case LawLange v. Cusey, 379 N.W. 2d 775 (N.D. 1985)State v. Mehralian, 301 N.W. 2d 409 (N.D. 1981)

  9. Examination of Witnesses● N.D.R.Civ.P. 43(b)● N.D.R.Crim.P. 26● N.D.R.Ev. 611

  10. Case LawKresel v. Giese, 231 N.W. 2d 780 (N.D. 1975) Lange v. Cusey, 379 N.W. 2d 775 (N.D. 1985)Kruel Witch v. United States, 336 U.S. 440 (1940)Anderson v. A.P.I. Company of Minnesota, 1997 N.D. 6, 559 N.W. 2d 204

  11. Closing Argument● Rules of Civil Procedure/Silent ● N.D.R.Crim.P. 29.1

  12. Case LawAndrews v. O’Hearn, 387 N.W. 2d 716 (N.D. 1986)Fox v. Bellon, 136 N.W. 2d 134 (N.D. 1965)State v. Flohr, 310 N.W. 2d 735 (N.D. 1981)Belssum v. Shelver, 1997 ND 152, 567 N.W. 2d 844Glatt v. Bank of Kirkwood Plaza, 383 N.W. 2d 473 (N.D. 1986)

  13. North Dakota Code of Aspirations of Professionalism & Civility ● Lawyer to Client ● Lawyer to Lawyer ● Lawyer to Court ● Lawyer to Community

  14. Ridin’ Tall

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