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Reply to "Lively/Baldoni Lawsuit Part 2"
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[quote=Anonymous]It's also important to note that just because Liman is granting discovery of all the birth footage doesn't mean it will be admissible in court. He's just allowing Lively to get the rest of the footage as part of their fact finding. I think it's the correct decision because it takes a neutral position on what actually happened, which is what the judge should be doing. The PP saying it's a credibility issue is correct, and the judge CANNOT make a decision on credibility. He can't decide he believes Heath or that he believes Lively as to what was shown. So now both sides will have all the footage and then they can testify as to what each believe Heath showed Lively. That's the right outcome. Denying Lively access to the other footage based only on Heath's assurance that it's not what he showed her would choosing Heath's version of events over Lively's, which the judge cannot do. But refusing to let Heath testify as to what part of the video was on his phone or what he believes he showed Lively would be choosing Lively's version over Heath's, which he also cannot do. Only the jury can decided whose version is correct.[/quote]
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