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Vaughn v. Progressive Casualty Insurance Co.7/29/2005
NESS]: No, sir, I ain't seen no pictures about that.
MR. REESE: I would object, your Honor. There have been no pictures admitted into evidence or identified or anything else about what he's talking about. And no witness has testified about it.
THE COURT: Just a moment. I think what we've been hearing for the biggest part of this afternoon is a bunch of argument, as best I can characterize it. From this point on, we have about 35 minutes before we recess for the day, I'm going to insist that you put your questions in succinct, carefully worded manner so they're understandable by this witness, Mr. Haynes. And I want this witness to answer your question yes or no, and then he can explain his answer without any argument. Do you understand that, gentlemen?
THE WITNESS: Yes, sir.
THE COURT: Because at 5:00 we're going to walk out of here. I don't know where you all are going, but I'm leaving. I've had about all of this I want for one day. From what I see on the faces of the occupants of this courtroom, I think everybody here has, too.
All right. Now, you may proceed with that, and let's leave this argument outside the courtroom. I'm not going to have it anymore. All right. Go ahead.
. . . . [MR. HAYNES]: And then you had the -- I can't even read my own writing. What follows -- the broom sweeper, that's what comes next, isn't it?
MR. REESE: Your Honor, if I may, I have to object as being totally repetitive. Miss Jones spent three hours yesterday explaining this paving train and the whole bit, and we're going to go through this again. There was no paving train out there at the time of the accident. It doesn't have anything to do with the accident. The accident happened at three in the morning. And to go through the whole paving train thing again is totally repetitive and not helping the jury at all.
MR. HAYNES: Your Honor, that is not an objection, it's an argument, and I object to it.
THE COURT: Well, the Court objects, and I'm going to instruct you to move this thing along. You're dragging your feet. This thing is taking on an element of redundancy I have seldom seen in the courtroom. Let's move on with this examination or we'll be forever with this one witness.
Go right ahead now, Mr. Haynes. Let's pick up our feet and move along. Go right ahead, sir.
MR. HAYNES: The Court didn't respond to my objection.
THE COURT: Your objection is overruled.
MR. HAYNES: My objection to the speaking argument objection.
THE COURT: Your objection is overruled, sir. I have ruled. Please move along. And don't make me have to remonstrate with you people. Try to keep this case moving. We will be here forever at the pace that we have achieved here. We'll never finish this case.
MR. HAYNES: But, Judge, we've not been able to get the records they permit us to know with any certainty and what we need to know and what we think the jury needs to know.
THE COURT: What the jury needs to know and what the Court needs to know may be two different things. What the jury needs to know are matters that are relevant to this case. We're just digging our feet into every little hole we come along upon and we're giving this jury matters they have no interest in or nothing to do with the case at all. So let's stick to the basic concept of relevancy. And if there ain't relevance, don't mention it.
Don't move the Court all over the state digging up information about some other job or some other activity that was going on with this company or with these people. Let's stick with the things that are relevant to this particular la
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