Robinson v. First State Community Action Agency
Filing
62
MEMORANDUM ORDER Overruling Defendant's objection raised during the pre-trial conference. Signed by Judge Richard G. Andrews on 11/30/2016. (nms)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TAMRA ROBINSON,
Plaintiff,
No. 14-cv-1205 (RGA)
v.
FIRST STATE COMMUNITY ACTION AGENCY,
Defendant.
MEMORANDUM ORDER
At the pre-trial conference, Defendant objected to Plaintiffs designation of Karen
Garrett and David Bull as hostile witnesses before they took the stand. The focus of
Defendant's concern, however, was Plaintiffs ability to ask leading questions. Federal Rule
of Evidence 611 resolves the dispute. It directs a court to allow leading questions "when a
party calls a hostile witness, an adverse party, or a witness identified with an adverse
party." Rule 611(c)(2). As employees of Defendant, Ms. Garrett and Mr. Bull are
"witness[es] identified with an adverse party." See Vanemmerik v. The Ground Round, Inc.,
1998 WL 474106, at *1 (E.D. Pa. July 18, 1998) (citing Rule 611 and Perkins v. Volkswagen
of Am., Inc., 596 F.2d 681, 682 (5th Cir. 1979)).
Defendant's objection is OVERRULED.
IT IS SO ORDERED this
30
day of November 2016.
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