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50. Did the trial judge exceed her authority in ordering the plaintiff to testify first?
A plaintiff sued a defendant for assault after a late-night barroom brawl. At trial, the plaintiff planned to call several bar patrons who had been present on the night in question to testify to the circumstances of the alleged assault. The trial judge ordered all witnesses excluded from the courtroom during the trial except for the parties. The trial judge then ordered the plaintiff to testify first during his case-in-chief and to relate his version of events before hearing the testimony of other eyewitnesses. The plaintiff has objected to the order requiring him to testify first.
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B is incorrect. The parties typically determine the order in which their evidence will be presented at trial. And while the trial judge has the discretion to control the order of presentation, determining the order of evidence within a party's case is not an obligation that the trial judge must undertake.
C is incorrect. Under FRE 611(a), the trial judge has discretion to control the order of presentation. Parties typically are afforded broad latitude in controlling their presentation of proof, but they are not always permitted to do so.
D is incorrect. The trial judge has the discretion to alter the order of proof without a showing of prejudice to an opposing party.