[Am-info] Judge K-K seems to favor Microsoft

[Hans Reiser]

I don't think you guys should read anything into this.  I would bet that 
how a judge rules on such issues is based on how she ruled in other 
cases as well, and has little to do with how she feels about the case as 
a whole.

Besides, I think the judge is correct in her ruling.  It is hearsay, and 
it should be accompanied by a deposition.

Hans

Mitch Stone wrote:

> I don't honestly know. It's possible that K-K is just more cautious 
> then Jackson.
>
> On Thursday, March 21, 2002, at 10:14 AM, Eric Bennett wrote:
>
>> Mitch Stone wrote:
>>
>>> It's my understanding that at person must swear to their own testimony,
>>> that nobody else can do that for them, even in written form, unless 
>>> that
>>> written form is a deposition or an affidavit. Someone please correct 
>>> me if
>>> I'm wrong, but this is one of the basic rules of evidence. I suspect 
>>> that
>>> the AOL exec would have been a reluctant witness, else the states would
>>> have had at least an affidavit from him.
>>
>>
>> Judges have a fair amount of leeway on this, don't they?  I recall 
>> Jackson
>> overruling a lot of Microsoft's hearsay complaints, and entering things
>> like newspaper articles into evidence.  I think I recall some people
>> speculating about this presenting Microsoft with opportunities on appeal
>> but I don't recall the appeals court chiding Jackson on the issue of
>> hearsay evidence, maybe because my recollection is that he let Microsoft
>> enter such things too.
>>
>> That's just my impression from what I recall of the proceedings under
>> Jackson.  I may be wrong.
>>
>> -- 
>> Eric Bennett ( ericb@pobox.com ; http://www.pobox.com/~ericb )
>>
>> Artists can color the sky red because they know it's blue.  Those
>> of us who aren't artists must color things the way they really
>> are or people might think we're stupid. -Jules Feiffer
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