Connecticut Law Tribune

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You Are Feeling Very, Very Sleepy

The Connecticut Law Tribune

November 22, 2010

Witnesses, as we all know, are unreliable. Despite the brave and concerted efforts of counsel, emphasizing the fine points of distinguishing an interrogative question from one which calls for a "yes," a "no," or an assertion that one had a temporary degenerative white matter neuron disease at the time and therefore cannot recall the matter at issue until such time as a trial is convened, and the witness's memory returns flawlessly, deponents will say anything, and at the worst possible moment.

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