Defense Counsel Journal - International Association of Defense ...

Advisability and Practical Considerations of Court-Imposed Time Limits on TrialBy Andrew L. Goldman andJ. Walter SinclairWith the ever-increasing number ofdocket filings, it is becoming morecommon for courts to impose timelimits during trial. This should not besurprising. For decades circuit courtshave imposed page limits on writtenbriefs. The United States Supreme Courtand virtually all federal and stateappellate courts restrict the length of oralarguments. And now more than ever,trial courts are imposing time limits tospeed up the pace of civil trials.Though it can be challenging at timesto narrow the scope of a complex case,trial lawyers who have participated intime-limited trials generally appreciatethe value of being disciplined tostreamline their presentation of evidence.Carefully planning who will testify, forhow long, and on what subjects promotesefficiency for the courts, forces thelawyers to focus on the evidence thatreally matters, and helps to keep theattention of jurors on the most significantimportant witness testimony anddocumentary evidence.I. Time Limitations in PracticeThe growing trend of imposing timelimitations at trial is perhaps most evidentin recent bellwether trials that haveoccurred in mass tort litigation. Forexample, the Honorable Eldon E. Fallon,a highly regarded judge in the UnitedStates District Court for the EasternDistrict of Louisiana utilized suchtechniques as the MDL judge in severalAndrew L. Goldman ispartner in the law firm ofGoldman Ismail TomaselliBrennan & Baum LLP inits Chicago, Illinois office.He concentrates oncomplex commerciallitigation matters, with a particularemphasis on defending pharmaceutical andmedical device companies in productsliability and mass tort litigation. He is amember of the International Association ofDefense Counsel. Mr. Goldman hasextensive bench and jury trial experience incourts throughout the United Statesincluding federal and state courts inIllinois, Louisiana, New York, Florida,California and Connecticut.J. Walter Sinclair is apartner in the law firmof Stoel Rives LLP inits Boise, Idaho andSeattle, Washingtonoffices.Heconcentrates oncorporate and complexlitigation matters associated with contractdisputes, product liability (includingagricultural product liability), antitrust,class action and securities litigation. He isa past president of the InternationalAssociation of Defense Counsel and afellow in the American College of TrialLawyers and the International Academy ofTrial Lawyers. Mr. Sinclair has extensivebench and jury trial experience in courtsthroughout the United States includingfederal and state courts in Idaho,Washington, Oregon, Nevada, Utah,Arizona, Kansas, Michigan and New York.