Recess and administrative matters

📄 Recess and administrative matters — Thursday, February 6, 1997

Address:

C:\DEPT103\CIVIL\1997\FEB\6\RECESS-AND-ADMINISTRATIVE-MATT.DOC

TRIAL

▲ Day 55 of 57

◀ Direct examination of Neill Freeman Direct examination of Neill Freeman (part 2) ▶

Date: Thursday, February 6, 1997 • Utterances: 10

Judge Fujisaki called a ten-minute recess and then raised a procedural issue with plaintiff's attorney John Kelly: after hearing Kelly's opening statement, it appeared a second plaintiff was participating in the proceedings, but the judge had no jury instructions or verdict form language covering that plaintiff. Kelly acknowledged the oversight.

# 1 THE COURT:

Ten-minute recess. Ladies and gentlemen, don't talk about the case. Don't form or express any opinions. We're still in session.

# 2 THE BAILIFF:

Let's keep it quiet in the courtroom. The jury is still in the courtroom. The Judge is still on the bench. Quiet, please. Everybody have a seat, please, if you're going to stay in the room. Let's close those doors. The jury has left the room. The door is closing. (Indicating to back door.)

# 3 (The jury exited the courtroom.)

# 4 THE BAILIFF:

We're in session.

# 5 THE COURT:

Okay. After hearing Mr. Kelly's opening statement, it appears that the other plaintiff in this action is participating in these proceedings. I don't have the instructions with regards to the other plaintiff of any kind.

KEY QUOTE

# 6 MR. KELLY:

I understand that, Your Honor. We had just noticed that. We got -- I'm sorry.

# 7 THE COURT:

And your verdict form has no reference to that, either. Just thought I'd call it to your attention.

KEY QUOTE

# 8 MR. KELLY:

We're aware of that, Your Honor. Thank you.

# 9 THE BAILIFF:

Okay. We are in recess.

# 10 (Recess.)

Temperature

procedural

Key Quotes (2)

Hiroshi Fujisaki

After hearing Mr. Kelly's opening statement, it appears that the other plaintiff in this action is participating in these proceedings. I don't have the instructions with regards to the other plaintiff of any kind.

Judge flags a procedural gap — a second plaintiff has no jury instructions or verdict form coverage, which could affect the trial's legal framework.

Hiroshi Fujisaki

And your verdict form has no reference to that, either. Just thought I'd call it to your attention.

Fujisaki pointedly notes the verdict form omission, signaling this needs to be addressed before the jury deliberates.

Notable Exchanges (1)

Hiroshi Fujisaki•John Kelly

Judge flags that the second plaintiff (Fred Goldman) has no jury instructions or verdict form language after Kelly's opening statement references their participation.

procedural

Objections

None recorded

Proceeding 8893 • 10 utterances

Civil Trial

Department 103