Witness scheduling

📄 Witness scheduling — Wednesday, December 18, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\18\WITNESS-SCHEDULING.DOC

TRIAL

▲ Day 34 of 57

◀ Jury instructions and dismissal Jury return and exhibit withdrawal ▶

Date: Wednesday, December 18, 1996 • Utterances: 26

The parties argued over when to call Mr. Acosta, a holdover plaintiff witness who had previously been unavailable. Petrocelli wanted to slot him in on Friday before the Christmas break, fearing the witness might disappear again; Baker objected to interrupting the defense case. Judge Fujisaki ruled that Acosta would testify after the defense finishes its case.

# 1 (REGINA D. CHAVEZ, OFFICIAL REPORTER)

# 2 (The following proceedings were held in open court, outside the presence of the jury.)

# 3 MR. BAKER:

I'd ask to address you Your Honor because Mr. Kelly had indicated to me, they wanted to put Mr. Acosta on, the witness who was a hold-over; they couldn't get him in here for the plaintiffs' portion of the trial.

They want to put him on, on Friday. And I asked him to delay that and put him on sometime when we come back after the Christmas break.

He wouldn't agree to that. I want to address Your Honor on that. We have witnesses lined up for Friday, and we obviously want to put our witnesses on. And after we come back, there should be no problem putting on Mr. Acosta in one of the break times.

# 4 MR. PETROCELLI:

The issue with regard to Mr. Acosta, Your Honor, you will recall he was served some time ago, and he left on this unexpected trip. And he's now back in town.

And he's a 15-minute witness. And I'm just concerned about not having him back in this courtroom. And we've made contact with his wife; he's back in town. We wanted to call him tomorrow or Friday, just to get him in and out. He's -- tomorrow we're not in session, and we were shooting for Friday. He's a 15-minute witness.

They have two witnesses lined up for Friday. We can get him in and out. My concern is, if we wait until the new year, after the two-week break, I don't know whether we're going to see him.

# 5 THE COURT:

Where does he reside?

# 6 MR. PETROCELLI:

I think he resides near Long Beach, that area. I'm guessing.

# 7 THE COURT:

Well, again, then I think he should be available.

# 8 MR. PETROCELLI:

Well, you saw what happened with Mr. Kelly.

# 9 THE COURT:

I don't want to interrupt the defense case.

# 10 MR. PETROCELLI:

When are we going to be able to put him on?

# 11 THE COURT:

You didn't ask him when you were supposed to have him. We're doing you a favor by allowing you to put him on at a later time.

KEY QUOTE

# 12 MR. PETROCELLI:

Exactly.

# 13 THE COURT:

You'll put him on when the defense finishes.

# 14 MR. PETROCELLI:

When they finish their case?

# 15 THE COURT:

Yeah.

# 16 MR. PETROCELLI:

When is that going to be?

# 17 MR. BAKER:

You will know when it occurs.

KEY QUOTE

# 18 (Laughter.)

# 19 MR. PETROCELLI:

How about a little advance notice?

# 20 THE COURT:

Well, Mr. Baker, you indicated you think you might finish about the first or second week after we get back.

# 21 MR. BAKER:

That's correct, yes. I'd like to call Daniel Gonzalez to the stand.

# 22 MR. PETROCELLI:

We have no jury.

# 23 MR. BAKER:

Need some jurors.

# 24 MR. LEONARD:

Waive jury?

# 25 THE COURT:

That was the only issue?

# 26 MR. BAKER:

Yes, Your Honor.

Temperature

light

Key Quotes (3)

Daniel Petrocelli

He's a 15-minute witness. And I'm just concerned about not having him back in this courtroom.

Explains the urgency — a witness who previously went missing on an 'unexpected trip' is finally available.

Hiroshi Fujisaki

You didn't ask him when you were supposed to have him. We're doing you a favor by allowing you to put him on at a later time.

Judge places blame on plaintiffs for the scheduling problem and declines to disrupt the defense.

Robert Baker

You will know when it occurs.

Dry response to Petrocelli asking when the defense will finish — draws laughter from the courtroom.

Notable Exchanges (2)

Daniel Petrocelli•Robert Baker•Hiroshi Fujisaki

Petrocelli pushed to fit Acosta in before the Christmas break; Baker refused to delay his own witnesses; Fujisaki sided with Baker and ordered Acosta held until the defense rests.

procedural

Daniel Petrocelli•Robert Baker

Petrocelli asked for advance notice of when the defense would finish; Baker quipped 'You will know when it occurs,' drawing laughter.

light

Light Moments (2)

Robert Baker

Baker's deadpan reply — 'You will know when it occurs' — when Petrocelli asked when the defense would finish, prompting courtroom laughter.

Dan Leonard

Dan Leonard jokingly offered to 'waive jury' when Baker moved to call his next witness and realized there were no jurors present.

Witness Demeanor

(Laughter.)

Objections

None recorded

Proceeding 8700 • 26 utterances

Civil Trial

Department 103