Jury instruction: prior trial testimony

📄 Jury instruction: prior trial testimony — Monday, November 4, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\4\JURY-INSTRUCTION-PRIOR-TRIAL-T.DOC

TRIAL

▲ Day 8 of 57

◀ Admissibility discussion: Douroux testimony Direct examination of Bernie Douroux ▶

Date: Monday, November 4, 1996 • Utterances: 7

Judge Fujisaki apologizes to the jury for a late start caused by attorney discussions held outside their presence. Plaintiff's counsel Peter Gelblum announces they will read in criminal trial testimony from Bernie Douroux, with an associate (Mr. Foster) taking the stand to read the responses. The judge instructs the jury to treat the prior sworn testimony as if Douroux were present and testifying live.

# 1 THE COURT:

Morning, ladies and gentlemen.

# 2 JUROR:

Good morning.

# 3 THE COURT:

I appreciate the fact that you all get up so early and get to the court building on time. As often happens, the attorneys want to discuss some things out of your presence, and they generally deal with matters of law, and they are matters that should not be discussed in your presence.

For that reason, we occasionally have to start late, like we are starting late today; so I apologize for that.

All right. Plaintiff may proceed.

# 4 MR. GELBLUM:

Your Honor, as you know, we are going to begin by reading in some trial testimony from the criminal trial, of a man named Bernie Douroux.

To make it a little easier for the jury to follow, we're going to ask our associate, Mr. Foster, to take the stand and read the responses.

# 5 THE COURT:

You may.

# 6 MR. GELBLUM:

Your Honor, he was -- Mr. Douroux obviously was sworn in at the criminal trial. I don't know if you want to do that with Mr. Foster here on the stand.

# 7 THE COURT:

Ladies and gentlemen, this is testimony given at the previous trial; it was given under oath, and you're to treat it just as though that person was called, sworn and testified.

Go ahead.

KEY QUOTE

Temperature

routine

Key Quotes (2)

Hiroshi Fujisaki

Ladies and gentlemen, this is testimony given at the previous trial; it was given under oath, and you're to treat it just as though that person was called, sworn and testified.

Standard but important jury instruction establishing the legal weight of prior testimony being read into the record.

Peter Gelblum

we are going to begin by reading in some trial testimony from the criminal trial, of a man named Bernie Douroux

Identifies the witness whose criminal trial testimony is being introduced, signaling what evidence thread is about to be developed.

Notable Exchanges (1)

Peter Gelblum•Hiroshi Fujisaki

Gelblum raises whether Mr. Foster should be sworn in before reading Douroux's testimony; Fujisaki bypasses the formality by instructing the jury directly that the original oath governs.

procedural

Objections

None recorded

Proceeding 8126 • 7 utterances

Civil Trial

Department 103