Rule 35 News Today

In 2019, the Nevada Supreme Court updated all of its Rules of Civil Procedure, including Rule 35, which governs requests to mentally or physically examine a claimant. The local plaintiffs’ bar was unhappy with the changes to Rule 35 and lobbied the Legislature.

This testimony, other testimony after you get done doing whatever youre going to do this week, do you ever expect to go back and ask for any sort of reduction in sentence? >> yes. there are ongoing investigations currently being conducted that have nothing to do with this committee or congress that i am assisting in. and it is for the benefit of a rule 35 motion, yes. >> so you expect, and perhaps what you testify here today will affect, going back and reducing this what we think is a relatively...

Letter. and its certainly but tsomethie judge will consider because they look at the person as a whole. so standing alone, this testimony wont get him a reduction. but his incentive to tell the truth here is huge, because it will also allow that to go into a letter if the southern district ends up writing one. and it will be very important in a judges consideration of whether his sentence should be reduced. >> as we watch michael cohen walking back in from this break, ken dilanian has joined us....

Lying in some way, if they determine that, they can rip up his agreement with them and he is susceptible for being prosecuted for crimes he had immunity for in that agreement. he would be subject to more jail time in addition to possible charges for perjury for lying here. thats the stick. the carrot, as far as the southern district of new york, cohen said something today that i think confirms what has sort of been out there as speculation, that it seems like hes continuing to work directly with...

>> it does mean that. theres that very real potential. with michael cohen, it appears, given the fact he went to the, apparently, initially, to the special counsel, didnt -- wasnt truthful with them as a footnote shows, and then went up to the southern district and had sort of a partial cooperation up there, that he was slow in realizing that he had to come forward, and thats why this information is kind of dribbled out, out of him, and i think whats going on, hes got a very savvy lawyer, princi...

>> well, its not clear that theyre going to do anything about it. for a few reasons. number one, there are doj policies that say that whatever the circumstances, the president cant be indicted until after he leaves office, and it seems as if the prosecutors in the southern district and on the mueller team are going likely to follow that rule. the second issue is that because cohen did not go all th way as a cooperator, did not tell the government everything he knew, did not sign a cooperation ag...