JUDGE RANKIN'S PROCEDURE FOR PRESENTATION OF
DIRECT TESTIMONY BY WRITTEN STATEMENT
In bench trials, the Court expects counsel to prepare, exchange, and file a narrative
written statement for each expert witness or any witness whose direct testimony will
involve significant technical matters, but no significant issues of credibility. These
statements are not to be used for adverse parties or for persons whose attendance is
compelled by subpoena. These witness statements shall be used at trial in accordance
with the following procedure.
Form of Statement. For each witness whose direct testimony will be presented in
statement form, counsel shall prepare a statement setting forth in declaratory form all of
the facts to which that witness will testify. The facts shall be stated in a narrative form,
not by question and answer. The statement shall contain all of that witness’s direct
testimony so that a person reading it will know all of the relevant facts to which the
witness would testify. It shall not be sworn or notarized.
Use of statements. At trial, each witness whose direct testimony has previously
been submitted in statement form shall take the stand and under oath shall adopt the
statement as true and correct. The party offering that witness shall then offer the
statement as an exhibit, subject to appropriate objections by the opposing party on which
the Court will then rule.
The witness will then be allowed to supplement his/her statement by any additional
live direct testimony considered necessary by counsel.
Thereafter, cross-examination shall proceed in the ordinary course, followed by
redirect, etc.
Exhibits. Documents to be offered as exhibits shall not be attached to witness
statements, but shall be pre-marked and exchanged along with other proposed exhibits in
the usual fashion.
Schedule for exchange of statements. Ordinarily, witness statements will be
exchanged one week in advance of the pretrial conference. The Court will set dates for
the serving and filing of witness statements in connection with the pretrial schedule.
