Beauregard v. Sampson ( 2023 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 MARY JANE BEAUREGARD and JOHN Case No. 2:20-cv-02123-KJD-DJA HUGH SMITH, 6 ORDER – Granting Motion to Preclude Plaintiffs, Defendants from Testifying in Narrative 7 Form v. 8 CLAYTON SAMPSON, et al., 9 Defendants. 10 11 Presently before the Court is Plaintiffs’ Motion to Preclude Defendants from Testifying in 12 Narrative Form (#118). Defendants filed a response in opposition (#120) to which Plaintiffs 13 replied (#131). In addition, Defendants filed a response in opposition to Plaintiffs’ reply. (#132). 14 Plaintiffs move to preclude Defendants from offering testimony in a narrative fashion at trial. 15 (#118). In their motion, Plaintiffs argue that allowing Defendants to testify in a narrative form 16 would place “inadmissible, irrelevant and highly prejudicial material before the Court prior to 17 Plaintiffs’ counsel having an opportunity to object.” Id. at 2. Plaintiffs further argue that allowing 18 “[Defendants] to testify in narrative fashion would defeat the purpose and policy behind the 19 Federal Rules of Evidence.” Id. As such, Plaintiffs request “this Court require Defendants . . . to 20 offer testimony in question-and-answer format as opposed to narrative format, giving Plaintiff’s 21 counsel an opportunity to object.” Id. In response, Defendants assert that Plaintiffs’ motion is 22 “frivolous” and argue that not allowing them to testify in narrative form will prejudice their 23 ability to present evidence. (#120, at 1). 24 During trial, a court may exercise its discretion in deciding whether to allow a defendant to 25 testify in narrative format or not. See United States v. Savchenko, 215 F. App'x 647, 648–49 (9th 26 Cir. 2006); see also United States v. Gallagher, 99 F.3d 329, 331–32 (9th Cir.1996) (holding that 27 district court did not abuse its discretion in preventing a defendant, who had previously testified 28 with assistance of counsel, from testifying in a narrative fashion). The purpose of this decision is to insure “that trial proceed[s] in an orderly and fair manner.” Gallagher, 99 F.3d at 329. After reviewing the record, the Court finds that the most appropriate way forward is to have 3 | Defendants testify in a question-and-answer format when called as their own witnesses. 4 Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ Motion to Preclude Defendants 5 | from Testifying in Narrative Form (#118) is GRANTED. 6 IT IS FURTHER ORDERED that, before the start of trial, Defendants must submit a list of 7 | questions they intend to ask and answer when testifying as witnesses. Defendants are not 8 | required to submit a list of questions for any other testifying witnesses. In the alternative, if the 9 | Defendants prefer not to disclose their questions, they can have a “reader” pose them while on 10 the stand. 1] 12 | Dated this 28" day of December 2023. ™ ° oO KentJ.Dawson——s 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-