70 H3VOGIU1 ih hearsay. 2 That's also true, your Honor, largely with respect to 3 the rest of the motions. They are asking for an advisory 4 opinion from this Court about things that may or may not 5 happen. Your Honor, I just don't see the need to waste more 6 time on it. 7 There is only one issue, the one raised in 28 where we 8 have presented the possibility that as the party that bears the 9 burden of proof, we would be allowed during closing arguments, 10 for example, to comment on the lack of proof, which is a common 1a closing argument. 12 If they have control over a party and that party 13 doesn't come and testify, we may, under the appropriate 14 circumstances and with the right foundation, ask for a missing 15 witness instruction, your Honor, but these are all advisory 16 questions at this point. de MS. McCAWLEY: Your Honor, Sigrid McCawley on behalf 18 of the plaintiff. Would the Court like to take a break at this 19 point? I know we've gone for a couple hours. I'm not sure how 20 you'd like to proceed. We're happy to address -- 21 THE COURT! ‘Let's fanash. 22 MS. McCAWLEY: Let's finish. Okay, great. Thank you. 23 MR. CASSELL: Paul Cassell, your Honor, for 24 Ms. Giuffre. 29 The defense started with an overview of Rule 405(b), SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011373