Monday, March 24, 2014

Daubert Objection Procedure: Loser Pays With Trial Time

The court denied without prejudice the parties' various motions to strike expert reports and exclude expert testimony. "The approximate 500 pages of paper constituting these motions, responses, sur-responses, and sur-sur-responses is an indication that the parties wish to pre-try this case by lengthy and complicated motions, necessitating the reading of depositions by the judge not familiar with the factual allegations and issues to be determined at trial. Unfortunately, this is not a docket where it is possible. In addition, it is improbable to accurately make admissibility determinations abstractly without the benefit of hearing the testimony in the trial. Each side (yes, 'side') will receive eighteen hours in which to present their cases to the jury beginning with opening statement and ending with the closing of the evidence. . . . If a party wishes to make a Daubert objection, the Court will accommodate that party, listen to the testimony of the witness and the argument of counsel, and make a determination as to admissibility of the witness's testimony, in whole or in part. If the objection is overruled, the time taken for that process outside the presence of the jury will be subtracted from the eighteen hours of time of the objector(s). If the objection is sustained, the time taken will be subtracted from the presenter of the witness's eighteen hours of presentation. If the parties want to simply cross-examine expert witnesses for the consumption of their eighteen hours, that is their business."

The Quantum World Corporation v. Dell Inc. et al, 1-11-cv-00688 (TXWD March 20, 2014, Order) (Sparks, J.)

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