Litigation

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Adso
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Litigation

Post by Adso » Thu Aug 29, 2019 11:19 pm

A thread on litigation generally.

What do you do when the judge does not excuse the opposing party's witness, the opposing party doesn't ask the the witness to be excused, and the judge asks you to make an argument? It feels really awkward to ask for the opposing party's own witness to be excused, but it seems like the only thing I can do to get the witness off the stand and prevent him/her from quickly making a statement on the record that undermines my argument. Sounds weird, I know, but this happened to me recently. None of my colleagues have seen ever seen this. This may be a pattern by a particular judge, and I'm not sure how else to handle it.

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Nony
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Re: Litigation

Post by Nony » Thu Aug 29, 2019 11:26 pm

I've never seen that, but I think I'd just ask "may the witness be excused?" before I started? Because no fucking way should a witness be making any kind of comment on the stand (or record) once the examination is complete.

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Adso
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Re: Litigation

Post by Adso » Fri Aug 30, 2019 11:09 pm

Nony wrote:
Thu Aug 29, 2019 11:26 pm
I've never seen that, but I think I'd just ask "may the witness be excused?" before I started? Because no fucking way should a witness be making any kind of comment on the stand (or record) once the examination is complete.
Yeah, I just had similar hearings with two other judges and they didn't do what that first judge did. I definitely made a note to myself and my colleagues to watch out for this judge potentially manipulating "procedure" (not sure if there is actually a procedure that regulates how these types of hearings are carried out; it just seems...really wrong). Thanks.

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stego
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Re: Litigation

Post by stego » Sun Sep 01, 2019 2:57 pm

Did the judge excuse the witness when you asked?

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Adso
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Re: Litigation

Post by Adso » Sun Sep 15, 2019 5:36 pm

stego wrote:
Sun Sep 01, 2019 2:57 pm
Did the judge excuse the witness when you asked?
So far when practicing before the other judges, I did not have to ask; they always excused the witness. But next time I'm before this particular judge I'll be sure to ask if necessary and see what happens.

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