Bradshaw v. Perdue
Bradshaw v. Perdue
Opinion of the Court
During the final pretrial conference on July 23, 2018, plaintiff Rodney Bradshaw invoked his right under Rule 615 of the Federal Rules of Evidence to sequester witnesses at the bench trial that began yesterday, July 31, 2018. In response, defendant Sonny Perdue, Secretary of the United States Department of Agriculture ("USDA"), designated Dwight Jurey as its party representative pursuant to Rule 615(b). In the motion in limine presently before the Court, Mr. Bradshaw moves to exclude Mr. Jurey from the courtroom for the duration of trial or, at a minimum, during Mr. Bradshaw's testimony. See Plaintiff's Motion in Limine to Sequester Defense Party Representative Dwight Jurey ("Mot.") [Dkt. No. 232] and Memorandum of Law in Support ("Mem.") [Dkt. No. 232-1]. Defendant USDA opposes the motion. See Defendant's Opposition to Motion ("Opp'n") [Dkt. No. 233]. Upon careful consideration of the parties' filings, the relevant legal authorities, and the entire record in this case, the Court granted the motion by separate Order [Dkt. No. 234] on July 30, 2018. This Memorandum Opinion explains the reasons for that Order.
Rule 615 of the Federal Rules of Evidence provides that, at the request of a party, the Court must order witnesses excluded so that they cannot hear the testimony of other witnesses. Rule 615(a) exempts a party who is a natural person from this directive. And Rule 615(b)"does not authorize excluding ... an officer or employee of a party that is not a natural person, after being designated as the party's representative by its attorney." FED. R. EVID. 615(b). "The sequestration rule serves two primary purposes: to prevent a witness from tailoring his testimony in light of the testimony of other witnesses, and to permit the discovery of false testimony and other problems relating to credibility." Minebea Co., Ltd. v. Papst,
In his motion, Mr. Bradshaw does not contest Mr. Jurey's designation as defendant's party representative under Rule 615(b). See Mem. at 1 n.1. Rather, Mr. Bradshaw contends that the Court may sequester Mr. Jurey notwithstanding this designation in order to ensure that Mr. Jurey "cannot mold his testimony to respond to the testimony of the other critical witness in this case, Mr. Bradshaw." Id. at 1. Defendant responds that as defendant's designated party representative, Mr. Jurey is entitled to remain in the courtroom for the duration of the trial. See Opp'n at 3-4. Defendant further argues that because Mr. Jurey's expected testimony is clear from prior testimony and motion practice, it is unlikely that Mr. Bradshaw's testimony will color Mr. Jurey's testimony. See id. at 2.
The question is whether Mr. Jurey - as defendant's designated party representative under Rule 615(b) -may properly be excluded from the courtroom during some or all of the trial proceedings. This appears to be an open question in this District. As Judge Kollar-Kotelly explained: " Rule 615 does not bar the Court from excluding [party representatives]; it 'merely withholds authorization for the[ir] exclusion' .... This is a subtle difference that suggests the Court may still 'have discretion to exclude these individuals so long as that power derives from a source other than Rule 615, such as the court's general powers to manage the conduct of trial.' " United States ex rel. El-Amin v. George Washington Univ.,
"Courts have broad discretion to achieve [the goals of sequestration] and 'may make whatever provisions [they deem] necessary to manage trials in the interests of justice ... including the sequestration of witnesses before, during, and after their testimony.' " Minebea Co., Ltd. v. Papst,
The Court finds that the circumstances of this case warrant limited sequestration of Mr. Jurey pursuant to the Court's general powers to manage the conduct of trial and to control the mode and order of witness presentation under Rule 611. The purpose of the sequestration rule is to prevent the shaping of testimony by one witness to match that of another, and to discourage fabrication and collusion. See Minebea Co., Ltd. v. Papst,
Permitting Mr. Jurey to remain in the courtroom during Mr. Bradshaw's testimony would risk jeopardizing the truth-seeking function of the proceeding by providing the opportunity for defendant's critical fact witness to - consciously or subconsciously - shape his testimony to counter what he has heard from plaintiff's critical fact witness in court rather than simply recount events from fifteen years ago as he remembers them. See Kozlowski v. Hampton Sch. Bd.,
For these reasons, by Order issued on July 30, 2018, the Court granted plaintiff's Motion in Limine to Sequester Defense Party Representative Dwight Jurey [Dkt. No. 232]. Mr. Jurey will be excluded from the courtroom during the testimony of Mr. Bradshaw, but not during the testimony of any other witnesses. The application of Rule 615 to fact witnesses other than Mr. Bradshaw and Mr. Jurey is set forth in the Court's Order of July 30, 2018.
SO ORDERED.
Defendant cites multiple appellate court decisions affirming the trial court's decision not to sequester a designated party representative or case agent under Rule 615. See Opp'n at 3-4. But these cases address a trial court's authority to exempt party representatives from sequestration under Rule 615, not whether the trial court has discretion to sequester a properly-designated party representative under either Rule 611 or its inherent powers to manage the conduct of trial. Furthermore, in these cases, the appellate court recognized that the trial court had discretion to exclude or not to exclude. See, e.g., United States v. Lee,
The Court leaves open the question for now whether to exclude Mr. Jurey from the courtroom if Mr. Bradshaw testifies as part of plaintiff's rebuttal case.
Reference
- Full Case Name
- Rodney BRADSHAW v. Sonny PERDUE, Secretary, United States Department of Agriculture
- Cited By
- 1 case
- Status
- Published