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- ilnd;;1:08-cv-05556_de219 RegisterActionDate "2011-08-10" @default.
- ilnd;;1:08-cv-05556_de219 RegisterActionDescriptionText "MINUTE entry before Honorable Matthew F. Kennelly:In the final pretrial order in this case, the parties represented that the trial of this case would take five to six days. We have now finished two days, and the first witness is still on cross-examination by the first defense counsel to question him. Though the Court acknowledges that this witness's testimony may be longer than that of several other witnesses, as things are currently going, it does not appear that the trial will finish within anywhere close to the time that all parties represented. The Court also notes that there has been, by both sides, a good deal of unnecessary repetition in opening statements and in questioning witnesses. After expressing its concerns about undue delay, the Court asked the parties to estimate the time it would take them to examine the remaining witnesses. The total is 21.25 hours, approximately equally divided between plaintiff and defendants. This does not include the jury instruction conference, closing arguments, or instructing the jury. Given these additions, if each side were to conform to its estimates, the trial would take seven to eight days.The Court is hereby exercising its authority under Rule 403 to limit undue delay, waste of time, and needless presentation of cumulative evidence that substantially outweighs the evidence's probative value. Each side is limited to 9.0 hours, a total of 18.0 hours, meaning that each side will need to cut about 15 percent from the time it estimated. Time will count against a side when its lawyers are questioning a witness. The time for the two depositions will be allocated 60 percent to plaintiff and 40 percent to defendants, based on the Courts review of the testimony being offered. The Court encourages the parties to go through the depositions again, with an eye to cutting back the testimony to be read.The Court will also impose time limits on closing arguments, which it will discuss with the parties later. The Court also intends to cancel several sentencing hearings that are set for the next few days and will extend the trial day in this case to 5:00 p.m., which in the Court's view represents the outside limit of the jurys ability to absorb information within a day. This will provide somewhat more time during the trial day. The Court will entertain reconsideration of these time limits on a showing of good cause.(Kennelly, Matthew) (Entered: 08/10/2011)" @default.
- ilnd;;1:08-cv-05556_de219 AdministrativeID "220" @default.