I want this witness ordered back to this trial on -- and we'll give him appropriate notice and put him on relatively early in our case.
I know. We're done with him. Okay.
The only thing I would ask, that, at the defense expense, if they want him back --
No. They're making this compartmentalized case instead of having this lawsuit tried. If they want to do it that way, that's their strategy for whatever they want to do. I don't have any problem with that.
But I think this witness should come back. I don't think we ought to have to pay it. He's here now. I'm ready to cross-examine him for another day. I can do it on Monday, if this Court please, but to try to add expense to us for strategical reasons is insanity.
Your Honor, there's no reason we should bear the expense of Mr. Baker's decision. We're bearing the expense. We brought him here now. We're putting him in our order of proof the way we want to. I don't believe we should bear the expense of when Mr. Baker wants him.
I will open my case Monday morning for purposes of taking this witness out of order. And I will -- and I think I've proven to this Court already, he's a hostile witness. If not, I think I can do that with him and take him on cross-examination. I'm ready, willing and able to do that on Monday, sir.
If they don't want to have the expense paid of that, then, you know, I'm ready, and there will be no expense that way.
Well, in the first place, the plaintiff has the right to put on a witness for whatever purpose the plaintiff wants to put the witness on for, and for whatever breadth or narrowness of the testimony that he wishes to offer.
The defense has a right to put on their evidence to whatever extent that the defense wishes to put on.
With regards to expense, I think if the plaintiff has finished with his portion of the evidence, however narrow that is, and cross-examination is complete thereon, I think that's the extent of the plaintiff's expense. Defense may assume the expense of the witness thereafter if the defense wishes to.
I have heard a reference that this witness is out of state. If that is true, then I think that the defense makes a strong argument for having this witness put on out of order, and as defense witness.
You may consider him an adverse witness. Nevertheless, he's going to be your witness and your expense.
He's an out-of-state witness. You will put him on now I've got my mitts on him because he's here. I will order him to return Monday, and so be it.
KEY QUOTEWell, now, I was going to ask, can he be released and we'll bring him back under your court order?
Said we will undertake the obligation then return him when requested by the defense rather than upset our order of proof at this time.
Judge. May I say something, Your Honor? I will return voluntarily if they want me to come back. I mean, I'm not -- I'm not hostile to anybody.
KEY QUOTEAll right. Then you will defer until the plaintiff completes their case and your ordered to return upon the -- upon request of either counsel.
Thank you very much, Your Honor.
(At 3:30 P.M., an adjournment was taken until Monday, November 4, 1996, at 8:30
A.M.)
I'm ready to cross-examine him for another day. I can do it on Monday, if this Court please, but to try to add expense to us for strategical reasons is insanity.
He's an out-of-state witness. You will put him on now I've got my mitts on him because he's here. I will order him to return Monday, and so be it.
Judge. May I say something, Your Honor? I will return voluntarily if they want me to come back. I mean, I'm not -- I'm not hostile to anybody.