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standard of proof to be applied with respect to the evidentiary
hearing. Nevertheless, the Court prescribed a structure for the
orderly presentation of witnesses at the evidentiary hearing. In
particular, consistent with the Court's view that respondent was
in the best position in the first instance to present the Court
with the facts critical to an understanding of the misconduct of
respondent's attorneys in the trial of the test cases, the Court
directed that respondent's case would be put on first.
Respondent's witnesses were to be called to testify in turn,
subjected to direct examination by respondent, and then passed to
Mr. Sticht, Mr. Izen, and Mr. Jones, respectively, for additional
direct or cross-examination.76 Following the examination of
respondent's witnesses, Mr. Sticht's remaining witnesses would be
called to testify in turn, subjected to direct examination by
Mr. Sticht, and then passed to respondent, Mr. Izen, and
Mr. Jones, respectively, for additional direct or cross-
examination. This process would be repeated for Mr. Izen's and
Mr. Jones' witnesses.
In the same order, the Court invoked Rule 145, which
provides that, on the Court's own motion, the Court may order
witnesses excluded from the courtroom so that they cannot hear
76 Because each of the parties listed many of the same
witnesses in their trial memoranda, the Court ruled that those
witnesses would be subjected to direct examination by each
party’s counsel who had listed the witness in his trial
memorandum, regardless of the order in which the witness was
passed to the party.
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