Rhetorical Blue Balls No More!

Mr. Fed · Post by **Mr. Fed** » Tue Dec 07, 2004 4:59 pm

Whew. After being continued since last Wednesday, finally started trial. I HATE waiting for trial -- I'm ready and rarin' to go.

The court resolved 50 (!) motions in limine (motions asking the court to let some bit of evidence in or keep it out). They went about 75/25 for us, especially on all the big issues. Now we're kicking ass on opening for the bench trial. That should take two weeks, then a two week jury phase. It would be much shorter, but these sissy-ass state courts only hold trial 9-12 and then 130-345. You can hardly get anything done.

Today I get to start the direct examination of my boss. I'm trying to think of how to take unfair advantage of the situation.

Bakhtosh · Post by **Bakhtosh** » Tue Dec 07, 2004 5:21 pm

*sniff*Sniff*

What's that smell?

Smells like blackmail.

godzy · Post by **godzy** » Tue Dec 07, 2004 5:51 pm

Just out of interest, does the gag rule stuff applied to the jury not apply to the Lawyer at trials? Or are you safe because it's pretrial and no one looks on OO ? Just curious.

LawBeefaroni · Post by **LawBeefaroni** » Tue Dec 07, 2004 6:02 pm

godzy wrote:Just out of interest, does the gag rule stuff applied to the jury not apply to the Lawyer at trials? Or are you safe because it's pretrial and no one looks on OO ? Just curious.

Don't see any real specifics in Mr. Fed's post. So unless someone on a prospective jury stands up and asks, "Are you Mr. Fed?" there's no problem. Anyway, it would be your responsibility as a juror to notify the judge if you kenw/thought you knew any legal counsel involved or read about case specifics online or anywhere else.

From my experience on a jury, you're not allowed to talk to lawyers at all, but that is only after you are selected as a possible juror (IE you go to jury duty and are sitting in a courtroom or at the selection pool room). Otherwise, how could anyone talk to lawyers at all, ever? I mean if they wanted to for some strange reason.

(IANAFL)

dbt1949 · Post by **dbt1949** » Tue Dec 07, 2004 6:07 pm

Ask him if women's underwear feels better on him than men's.

godzy · Post by **godzy** » Tue Dec 07, 2004 6:22 pm

What if someone did stand up and ask "Are you Mr. Fed?"

Dang, that's a funny thought isn't it.

Biyobi · Post by **Biyobi** » Tue Dec 07, 2004 6:25 pm

godzy wrote:What if someone did stand up and ask "Are you Mr. Fed?"

Dang, that's a funny thought isn't it.

Especially if someone else shouts out, "PWNED!!!"

godzy · Post by **godzy** » Tue Dec 07, 2004 6:36 pm

Biyobi wrote:
godzy wrote:What if someone did stand up and ask "Are you Mr. Fed?"

Dang, that's a funny thought isn't it.
Especially if someone else shouts out, "PWNED!!!"

And what if that other person was Kahless?

GuidoTKP · Post by **GuidoTKP** » Tue Dec 07, 2004 6:43 pm

godzy wrote:Just out of interest, does the gag rule stuff applied to the jury not apply to the Lawyer at trials? Or are you safe because it's pretrial and no one looks on OO ? Just curious.

The gag rule stuff for jurors relates to maintaining the impartiality of the jury. Put differently, the rule is designed to limit outside influences on the jury's decisionmaking.

Trials are almost always open to the public and attorneys can discuss what is going on in them to the extent that they do not violate the attorney-client privilege or contramand an order of the court. This, of course, says nothing at all about whether it is a good idea for the attorney to be discussing the case (say, for example, with the media), but there is little that ordinarily *prevents* the attorneys from talking about the case.

I'm pretty sure I could march into Ken's courtroom at any time, watch what happens, and then come back here and report it without consequence (other than perhaps boring everyone).