Anascape, Ltd v. Microsoft Corp. et al

Filing 194

ORDER that the final pretrial is scheduled for 5/1/08 with jury selection and trial set on 5/5/08 at 10:30 am. FURTHER ORDERED that on 3/3/08 at 4:00 pm the parties shall each submit to the count an estimate of the time that party needs to complete the presentation of testimony in this case. Signed by Judge Ron Clark on 2/14/08. (djh, )

Anascape, Ltd v. Microsoft Corp. et al

Doc. 194

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ANASCAPE, LTD. V. MICROSOFT CORP., ET AL. § § § § §

Case No. 9:06-cv-158 (RC)

ORDER The court anticipates setting time limits for each party to present its case. The final pretrial is scheduled for May 1, 2008, with jury selection and trial set for May 5, 2008, at 10:30 a.m.* It is, therefore, ORDERED that by March 3, 2008, at 4:00 p.m., the parties shall each submit to the court an estimate of the time that party needs to complete the presentation of testimony in this case. The statement shall list each of the witnesses the party contemplates calling in its case in chief, and for each witness the amount of time the party anticipates using in direct examination of that witness. This statement shall also list each of the witnesses the party anticipates will be called by opposing counsel and for each such witness, an estimate of the time the party believes will be necessary for cross-examination of each witness. Following the name of each witness listed and the estimated time, state briefly the general subject matter of testimony that witness is expected to give. For example: "Bob Smith - 30 minutes. Mr. Smith was in the vehicle following plaintiffs and witnessed the accident." If a party expects a witness to take an unusual amount of time, briefly explain the reasons for that time. For example: "Dr. Johnson - 3 hours. Dr. Johnson treated plaintiff for two years and will

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be summarizing hundreds of medical records, the testimony of two other doctors, and a lengthy billing history." The estimate of time for a party's own witnesses should include time for direct examination and redirect. The estimate of time for opposing witnesses should include time for cross-examination and re-cross. If a party anticipates calling rebuttal witnesses, those should also be listed and an estimate of time for their testimony given as provided above. The amount of time an attorney plans to use in presenting a witness or in cross-examining could be information in the nature of trial strategy. Accordingly, the required statements should not be filed with the clerk, but should be submitted only to the court. Copies do not have to be served on opposing counsel. The statements will be preserved and filed as part of the record at the conclusion of the trial. The court intends to notify the parties of the total time each is allotted by March 14, 2008.
So ORDERED and SIGNED this 14 day of February, 2008.

___________________________________ Ron Clark, United States District Judge

* Please note the time change for Jury Selection and Trial from 9:00 a.m. to 10:30 a.m.