Opinion
No. 14-cv-1205 (RGA)
11-30-2016
MEMORANDUM ORDER
At the pre-trial conference, Defendant objected to Plaintiff's designation of Karen Garrett and David Bull as hostile witnesses before they took the stand. The focus of Defendant's concern, however, was Plaintiff's ability to ask leading questions. Federal Rule of Evidence 611 resolves the dispute. It directs a court to allow leading questions "when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party." Rule 611(c)(2). As employees of Defendant, Ms. Garrett and Mr. Bull are "witness[es] identified with an adverse party." See Vanemmerik v. The Ground Round, Inc., 1998 WL 474106, at *1 (E.D. Pa. July 18, 1998) (citing Rule 611 and Perkins v. Volkswagen of Am., Inc., 596 F.2d 681, 682 (5th Cir. 1979)).
Defendant's objection is OVERRULED.
IT IS SO ORDERED this 30 day of November 2016.
/s/_________
United States District Judge