Stone v. Peacock, 968 F.2d 1163

U.S. Court of Appeals for the 11th Circuit

1992

Chapter

2

Title

Evidence A Contemporary Approach

Page

17

Topic

The Process of Proof and the Structure of Trial

Quick Notes

o         The court ordered Stone to testify first to lay out chronology of the case which was not subject to cross-examination.. 

o         Rule 611(a) Gives the court reasonable control over the order and presentation of evidence.

Book Name

Evidence: A Contemporary Approach.  Sydney Beckman, Susan Crump, Fred Galves.  ISBN:  978-0-314-19105-2.

Issue

o         Whether a judge can court a person to testify first?  Yes by way of 611(a).

Procedure

District

o         Reversed and Remanded (on other grounds).

Facts

Discussion

Key Phrases

Rules

Sued for Retaliation

o         Pl sued three officers claiming they terminated his employment in retaliation of his speaking out about the improper use of public property and funds.

Chronology Testimony

o         At the beginning of the trial, the district court required Stone to testify first, to provide some chronology.

No Cross

o         The initial testimony was not subject to cross-examination.

o         Stones counsel protested.

Rule 611(a)

o         Rule 611(a) Gives the court reasonable control over the order and presentation of evidence.

Rule 611 - Discussion

o         This might have been some error, if the court did not give Stone proper notice.

o         The courts witness order requirement alone is not a reversible error absent some showing of harm.

Rules

Rule 611. Mode and Order of Interrogation and Presentation

o        (a) Control by court.  The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to

(1) make the interrogation and presentation effective for the ascertainment of the truth,

(2) avoid needless consumption of time, and

(3) protect witnesses from harassment or undue embarrassment.

Class Notes