[CLBS] Memo from the Section

[rgreenwood at greenwoodlaw.com]

As I no longer practice law, I no longer have a taw this game.  I will make
one observation, however, concerning witness testimony and hearings on
contested matters.  When I was practicing Judge Pappas typically required
in exchange of witness lists and exhibit lists seven days before
trial/hearing.  Included in that order was a requirement that any objection
to authenticity or foundation with respect to a writing was to be disclosed
to the opposing party prior to hearing.  This did not require a waiver of
objection to admission on other grounds.  Also included in the order was a
requirement that a party listing a witness have that witness at the
hearing.  That way the opposing party did not need to subpoena someone on
the other party's list to assure the presence of that person in the event
the responding party wished to elicit testimony from the same witness. 
These simple requirements prevented game playing and sandbagging that I
occasionally see in my current job.  It also eliminates, for the judge, the
problem of over listing witnesses and exhibits, making it difficult to
properly allocate time on a busy calendar.  When a party has the
responsibility of ensuring the presence of the witness it tends to
eliminate, or at least sharply reduce, the urge to list every possible
person with a connection to the case is a witness when the party actually
only intends to use testimony of two or three people.  I have been tempted
to, and may yet, add this acquire meant to my standard pretrial order.

The countering caveat, the based upon 30 years of practice, is that when
you add more rules to the game, you multiply the opportunity for game
playing.

   Happy New Year to one and all!


Original Message:
-----------------
From: Patrick J. Geile pgeile at foleyfreeman.com
Date: Thu, 27 Dec 2012 17:16:08 +0000
To: clbs at admws.idaho.gov
Subject: [CLBS] Memo from the Section




Patrick J. Geile
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