Stipulations and procedural matters

📄 Stipulations and procedural matters — Wednesday, November 6, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\6\STIPULATIONS-AND-PROCEDURAL-MA.DOC

TRIAL

▲ Day 10 of 57

◀ Witness excusal and scheduling Direct examination of Harry Scull ▶

Date: Wednesday, November 6, 1996 • Utterances: 16

The judge and attorneys work out two quick procedural stipulations before playing a video deposition: that the court reporter does not need to transcribe the testimony, and that any form objections on the video will be deemed waived unless Baker verbally objects in real time. Baker's agreement leads to a light moment when he realizes he has to stay in the room.

# 1 THE COURT:

It's 2:30 and 3:30.

# 2 MR. PETROCELLI:

2:30 and 3:30.

# 3 THE COURT:

Okay. Defense . . . Hello.

# 4 MR. BAKER:

I'm sorry, sir.

# 5 THE COURT:

Can we get a stipulation that the reporter does not have to take down the testimony?

# 6 MR. BAKER:

Yes, sir. No objection.

# 7 THE COURT:

Thank you.

# 8 MR. PETROCELLI:

I am proposing to have all the objections as to form that appear on this video waived, deemed overruled so we don't have you rule on that.

KEY QUOTE

# 9 MR. BAKER:

I'm not so willing. I can't remember what's on the video. I didn't -- so I'm not willing to do that.

KEY QUOTE

# 10 MR. PETROCELLI:

As to form.

# 11 THE COURT:

Would you -- unless you verbally state an objection live.

# 12 MR. BAKER:

Okay. That's fair.

# 13 THE COURT:

We'll deem it to be waived

# 14 MR. BAKER:

That's totally fair. That means I have to stay in the room for this.

KEY QUOTE

# 15 THE COURT:

Well, yes.

# 16 (Laughter.)

Temperature

light

Key Quotes (3)

Daniel Petrocelli

I am proposing to have all the objections as to form that appear on this video waived, deemed overruled so we don't have you rule on that.

Petrocelli attempts to streamline video deposition playback by pre-waiving form objections, a common but not automatic courtesy.

Robert Baker

I'm not so willing. I can't remember what's on the video. I didn't -- so I'm not willing to do that.

Baker pushes back, refusing a blanket waiver without knowing what form objections are at stake.

Robert Baker

That's totally fair. That means I have to stay in the room for this.

Baker's self-aware quip about the consequence of his own compromise gets a laugh from the room.

Notable Exchanges (1)

Daniel Petrocelli•Robert Baker•Hiroshi Fujisaki

Petrocelli proposed waiving all form objections on an upcoming video; Baker refused a blanket waiver; Fujisaki split the difference by ruling that any form objection on the video is waived unless Baker verbally objects live.

strategic

Light Moments (1)

Robert Baker

Baker realizes that agreeing to the compromise means he must remain present in the courtroom during the entire video, prompting laughter.

Witness Demeanor

(Laughter.)

Objections

None recorded

Proceeding 8161 • 16 utterances

Civil Trial

Department 103