In chambers — Ronald Fischman — December 4, 1996 (Day 25)

📄 In chambers — Ronald Fischman — Wednesday, December 4, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\4\IN-CHAMBERS-RONALD-FISCHMAN.DOC

TRIAL

▲ Day 25 of 57

◀ Witness excused; recess Exhibits admitted; Ronald A. Fischman sworn in ▶

In chambers — Ronald Fischman

Date: Wednesday, December 4, 1996 • Lines: 7

Brewer asks to question Ronald Fischman as an adverse witness under Section 776, citing his friendship with Simpson, missed subpoena and contempt appearances and the body attachment used to secure his deposition. Petrocelli joins the plaintiffs' request and asks for hostile-witness questioning under Section 767. The court grants permission without objection.

# 1 (The notes of the proceedings held in chambers at this point were ordered sealed by the Court, not to be opened, transcribed, or destroyed except upon order of a Judge of the Superior Court.)

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

# 3 MR. BREWER:

I want to be on the record. The next witness is a Ronald Fischman being called by the plaintiff.

We'd like to question him under 776. This is a witness who is a recalcitrant witness. He's here on subpoena today. In order for him to appear at the deposition he was subpoenaed. He didn't appear. There was an O.S.C. re contempt. He didn't appear for that.

There was a body attachment that was issued and, ultimately, we were able to secure his attendance at the deposition.

He is a friend of Mr. Simpson, has been for six years. He still is friendly with him today. We feel under those circumstances he's an adverse witness to our side of the case. We should be able to question him using legal questions under 776.

# 4 MR. PETROCELLI:

I would join in that, add 767 permitting him to be questioned as a hostile witness.

KEY QUOTE

# 5 THE COURT:

Okay. You may.

# 6 MR. BREWER:

Thank you.

# 7 (All parties exit chambers and resume their respective seats at counsel table.)

Temperature

procedural

Key Quotes (3)

Michael Brewer

There was a body attachment that was issued and, ultimately, we were able to secure his attendance at the deposition.

Establishes how resistant Fischman was — required coercive court process just to get his deposition

Michael Brewer

He is a friend of Mr. Simpson, has been for six years. He still is friendly with him today.

The stated basis for treating him as adverse — his ongoing loyalty to Simpson

Daniel Petrocelli

I would join in that, add 767 permitting him to be questioned as a hostile witness.

Unusual alignment: defense also wants hostile witness designation, suggesting both sides anticipate uncooperative testimony

Notable Exchanges (1)

Michael Brewer•Daniel Petrocelli

Both plaintiff and defense joined in requesting hostile witness treatment — rare alignment suggesting Fischman's recalcitrance was known to all parties

strategic

Credibility Attacks (1)

⚔ Ronald Fischman

adverse/hostile witness designation

Plaintiff established pattern of non-compliance (missed deposition, ignored OSC re contempt, required body attachment) and ongoing friendship with Simpson to justify leading questions under EC 776 and 767

Objections

None recorded

Proceeding 8453 • 7 lines

Civil Trial

Department 103