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SPE GO Holdings, Inc. v. W&O Construction Company, Inc.

United States District Court, M.D. Tennessee

January 22, 2018

SPE GO Holdings, Inc.
v.
W&O Construction Company, Inc., et al.,

         Dear Counsel:

         I have reviewed your submissions and below are the presumptive time limits for the direct examinations of your witnesses:

         Plaintiff's Witnesses

1. Donald C. Henderson

2 hours

2. Daniel Allen

45 minutes

3. Jed Vinson

1 hour

4. Victor Lay

20-30 minutes

5. Kevin Hargrave

1 hour

6. Jerome Dempsey

45 minutes

7. Randall Button

10 minutes

8. Kevin Surprise

30 minutes

         Defendant W&O Construction's Witnesses

1. Victor Lay

1 hour

2. Jerome Dempsey

1 hour

3. Tim Huddleston

1 hour

4. Kevin Surprise

1 hour

5. Kevin Tucker

45 minutes

         Defendant City of Springhill's Witnesses

1. Victor Lay

< 1 hour

         Cross-examination of Mr. Hargrave and Mr. Tucker will be 30 minutes. For all other witnesses, the presumptive time limit for cross-examination is 20 minutes.

         It appears Defendants intend to call in its case several of the same witnesses Plaintiff intends to call. If so, it is very likely that the times for direct examination of those witnesses will be reduced - depending, of course, on what is covered during cross-examination during Plaintiff's case.

         A rebuttal witness must be a true rebuttal witness, not someone who could have testified on direct, i.e., a witness whose testimony cannot be reasonably anticipated until Defendants' evidence is presented.

         Counsel for the parties are directed to “meet and confer” to determine if there is going to be a foundation objection. If so, I should be notified forthwith, with specificity.

         At the end of your presumptive time limit on direct or cross-examination, that is it. I'll expect you to stop if you are in the middle of the word “if.” You should have your proposed questions printed out so that, at the end of your presumptive time limit, you may approach the bench out of the hearing of the jury and show me the questions you didn't get to ask that you think you should get to ask. I will rule as to whether you will be allowed to ask them - again, out of the hearing of the jury.

         Having your proposed questions printed is crucially important so that you can show me how your examination has been bob-tailed. You will not have time ...


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