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hearsay. That's also true, your Honor, largely with respect to the rest of the motions. They are asking for an advisory

opinion from this Court about things that may or may not

happen. Your Honor, I just don't see the need to waste more

time on it.

There is only one issue, the one raised in 28 where we

have presented the possibility that as the party that bears the burden of proof, we would be allowed during closing arguments, for example, to comment on the lack of proof, which is a common closing argument.

If they have control over a party and that party

doesn't come and testify, we may, under the appropriate

circumstances and with the right foundation, ask for a missing

witness instruction, your Honor, but these are all advisory

questions at this point.

MS. McCAWLEY: Your Honor, Sigrid McCawley on behalf of the plaintiff. Would the Court like to take a break at this point? I know we've gone for a couple hours. I'm not sure how

you'd like to proceed. We're happy to address --

THE COURT: Let's finish.

MS. McCAWLEY: Let's finish. Okay, great. Thank you.

call

MR. CASSELL: Paul Cassell, your Honor, for

Ms. Giuffre.

The defense started with an overview of Rule 405(b),

SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

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