ViaTech Technologies Inc. v. Microsoft Corporation

Filing 198

MEMORANDUM ORDER ruling on a document production dispute (see Memorandum Order for further details). Signed by Judge Richard G. Andrews on 11/30/2016. (nms)

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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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