Part One: What is the scope and purpose of the “observations on cross-examination” that must be filed concurrently with motions to suppress evidence?
First, there is no requirement that any comment be filed. Second, while it should be unusual, it is possible that a party may rely on a witness in filing a reply to an opposition to a preliminary motion. The opponent has a right to cross-examine the witness. Accordingly, the Trial Section authorizes the opponent to file a paper making such observations with respect to cross-examination as may be appropriate. The party relying on the witness may then respond to the opponent’s observations. Absent observations and a response, the board would have no guidance on what weight to give cross-examination.
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