Weese v. Kodiak Oil & Gas (USA) Inc.

Filing 83

LETTER/ORDER setting presumptive time limits for witnesses. Signed by Judge Billy Roy Wilson. (DM)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE 600 W. CAPITOL, ROOM A403 LITTLE ROCK, ARKANSAS 72201-3325 (501) 604-5140 Facsimile (501) 604-5149 August 16, 2019 Mr. Nathan Severson Ms. Tara Anderson Severson, Wogsland & Liebl PC 4627 44th Ave South, Suite 108 Fargo, ND 58104 Mr. Kent Reierson Ms. Lisa Six Crowley Fleck, PLLP (Williston) PO Box 1206 Williston, ND 58802-1206 Re: Weese v. Kodiak Oil & Gas (USA) Inc., 1:17-cv-00189-BRW-CRH 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. Tate Kick 2. Kirby Longbrake 3. Donald Weese 4. Vickie Weese 5. Steven Beede 6. Dr. Stuart Kaplan 30 minutes 30 minutes 1 hour 20 minutes 45 minutes 45 minutes Defendant’s Witnesses 1. Kirby Longbrake 2. Tate Kick 3. Steven Beede 4. Dr. Blake Johnson 5. Charles Glossop 30 minutes 30 minutes 30 minutes 45 minutes 30 minutes The presumptive time limit for cross-examination is 20 minutes. It appears Defendant intends 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. Page 1 of 2 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 Defendant’s 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 at the bench to give me an oral presentation. Having these questions printed out will probably help you pare down your questions, which is better advocacy. I realize I’m not teaching a trial ad course, but I am keenly aware of the jurors’ time. And prolonged, unnecessary examinations of witnesses impinge on the time of jurors, who are greatly inconvenienced doing this great civil duty. Cordially, /s/ Billy Roy Wilson Page 2 of 2

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