Free Order on Motion in Limine - District Court of Federal Claims - federal

Case 1:01-cv-00459-GWM

Document 62

Filed 09/12/2005

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In the United States Court of Federal Claims
__________________________________________ ) ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________) INTERNATIONAL DATA PRODUCTS CORP., ORDER On September 9, 2005 the Court held a pretrial conference in these consolidated cases. The Court had before it Defendant's Motion in Limine filed August 23, 2005 and Plaintiff's Response to Defendant's Motion in Limine filed September 8, 2005. Based upon the Court's discussion with the parties, the Court ORDERS the following: 1. The Court DENIES the Defendant's Motion in Limine. The Court will defer ruling on the admissibility of the affidavits at Plaintiff's Exhibit 2, which are the subject of Defendant's Motion, until Plaintiff has had an opportunity at trial to establish, if it is able to do so, a sufficient foundation for the admission of such affidavits. The parties shall confer and identify those trial exhibits as to which there is no dispute as to admissibility and shall file and serve a list of such exhibits by October 7, 2005. The Court will admit such exhibits into evidence at the start of the trial. The trial shall commence on October 11, 2005 and continue through October 12, 2005. Trial will not be held on October 13, 2005, but will resume on October 14, 2005. The parties and the Court anticipate that trial will conclude on October 14, 2005. Plaintiff and Defendant will be allotted 30 minutes each for opening statements. Plaintiff and Defendant shall confer regarding the order of witnesses. Plaintiff shall notify Defendant of the order in which Plaintiff's witnesses will be called in sufficient time for Defendant to prepare to cross-examine them. Trial will be held between 9:00 a.m. and 5:30 p.m. each day with a luncheon recess of one hour, one fifteen minute break in the morning, and one fifteen minute break in the afternoon.

Nos. 01-459C, 03-2515 C Filed September 12, 2005

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Case 1:01-cv-00459-GWM

Document 62

Filed 09/12/2005

Page 2 of 2

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Each party is entitled to have a client representative present in the courtroom. Other witnesses will be excluded from the courtroom under Federal Rule of Evidence 615. Witnesses are not to read transcripts of the testimony of earlier witnesses prior to testifying, are not to be briefed on such testimony prior to testifying, and are not to discuss their testimony with other persons who may be called to testify after they have been excused. Once a witness has been seated, counsel shall not discuss the witness's testimony with him or her until the witness has been excused, except that counsel may seek leave of Court to have such a discussion. If Defendant intends to move for judgment as a matter of law under Rule 52(c) of the Rules of the United States Court of Federal Claims, Defendant may so move orally and shall not be required to file a supporting brief. Plaintiff may respond to any motion for judgment as a matter of law under Rule 52(c) orally and shall not be required to file a supporting brief. In addition to the set already provided to the Court, the parties shall provide one set of their trial exhibits to the Court's law clerk, one set to the court reporter, one set for use by witnesses, and one set for the opposing party.

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IT IS SO ORDERED. s/ George W. Miller GEORGE W. MILLER Judge

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