Sidebar: testimony scope and stipulation

📄 Sidebar: testimony scope and stipulation — Wednesday, November 6, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\6\SIDEBAR-TESTIMONY-SCOPE-AND-ST.DOC

TRIAL

▲ Day 10 of 57

◀ Direct examination of Richard Rubin (part 1) Direct examination of Richard Rubin (part 2) ▶

Date: Wednesday, November 6, 1996 • Utterances: 13

A sidebar was held to resolve a stipulation dispute about the scope of a witness's testimony. Baker objected that the current line of questioning went beyond what was covered in the criminal trial transcript, which had been the agreed boundary for depositions. Kelly countered that the specific foundational question — about a glove style number on a Bloomingdale's receipt — was referenced approximately 15 times in the witness's criminal trial testimony.

# 1 THE COURT:

Okay. Approach the bench.

# 2 (The following proceedings were held at the bench, with the reporter:)

# 3 THE COURT:

What stipulation haven't I seen?

# 4 MR. BAKER:

We have a stipulation, and I think the stipulation was that we wouldn't take everybody's depositions, if they were not going to go into the criminal-trial testimony -- he's an expert; he's part of the stipulation. And unless I missed testimony -- I've been through three days of his testimony in the criminal trial -- this was not in there.

KEY QUOTE

# 5 THE COURT:

Okay. Cite me chapter and verse.

# 6 MR. KELLY:

Where he cites it?

# 7 THE COURT:

Yeah.

# 8 MR. KELLY:

Okay. Your Honor, this is foundational.

# 9 THE COURT:

I don't care. When there's an objection, I have to rule.

KEY QUOTE

# 10 MR. KELLY:

Okay. Let me see if we can pull that out.

# 11 (Pause in the proceedings.)

# 12 MR. KELLY:

Pull it up on our computer quickly.

Judge, in the prior testimony there, he repeatedly refers to the SKU and style number used by Bloomingdale's of 70263.

This was the only thing I was going to ask him to testify to for foundational purposes, is to the style number of the glove that's listed on that receipt, also.

It's mentioned approximately 15 times in the trial transcript in his testimony in terms of the style number of this glove sold by Bloomingdale's.

# 13 THE COURT:

Okay.

Temperature

procedural

Key Quotes (3)

Robert Baker

We have a stipulation, and I think the stipulation was that we wouldn't take everybody's depositions, if they were not going to go into the criminal-trial testimony -- he's an expert; he's part of the stipulation.

Baker invokes the civil trial stipulation limiting testimony to what was covered in the criminal trial, setting the terms of the dispute.

Hiroshi Fujisaki

I don't care. When there's an objection, I have to rule.

Judge firmly redirects Kelly from abstract procedural argument to the specific citation needed.

John Kelly

It's mentioned approximately 15 times in the trial transcript in his testimony in terms of the style number of this glove sold by Bloomingdale's.

Kelly resolves the dispute by demonstrating the testimony is squarely within the criminal trial record.

Evidence (2)

Informal

Bloomingdale's receipt listing glove style number 70263

discussed as foundational basis for testimony

Informal

Criminal trial transcript of expert witness testimony referencing SKU/style number 70263

cited to establish scope of permissible testimony

Notable Exchanges (1)

Robert Baker•John Kelly•Hiroshi Fujisaki

Baker challenges testimony scope under the deposition stipulation; Kelly locates the reference on his computer and demonstrates the style number appears ~15 times in the criminal transcript, satisfying the judge.

strategic

Witness Demeanor

(Pause in the proceedings.)

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 8169 • 13 utterances

Civil Trial

Department 103