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Jeff S. Korek and Abraham Z. Melamed

The cover up is often worse than the crime.  This is a familiar phrase in politics and life alike.  Perhaps our child broke a window and then lied about it, or perhaps our spouse spent too much money on the credit card this month and hid the bill.  But what is clear is that it is generally better to fess up to our mistakes and get ahead of them, rather than pretend they never happened, be confronted with them, and then have to dig our way out of the hole.  But, often one may not heed this advice, because they are hopeful that their spouse will never notice the credit card bill, just as their child is hopeful their parent will never notice the broken window. This concept is no different at trial, when deciding whether or not to present rebuttal witnesses to the anticipated Defendant’s case, in a Plaintiff’s case-in-chief.

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