Rule 104(c)(3): When Justice So Requires

The following is an article of fiction. The author simply has a well-developed imagination.

He should have won summary judgment. And he had – on all claims save one. But one was enough.

And now he found himself in that wonderfully awful time period before trial began. The pressure was mounting but not yet so crushing that it left him breathless. His partners knew the date was close, and they picked up his other work, giving him the necessary freedom to prepare and just think. He needed to think. Trials were his CFL, his Career First Love. There was nothing related to his job that carried the same pure, raw emotion of a trial. Everything got elevated: humor, creativity, exhaustion. At trial, he was his best at pivoting when necessary, demonstrating calm when the tides unexpectedly turned, and providing encouragement to his team when he really wanted to just rail at them (and himself). Well, that last sentence was more aspirational than realistic. He remembered and