Trial Testimony Clause Examples

The Trial Testimony clause outlines the requirements and procedures for presenting witness statements and evidence during a trial. It typically specifies how and when parties must disclose the identities of witnesses, the format for submitting testimony, and any deadlines for providing this information to the court and opposing parties. By establishing clear rules for the exchange and presentation of testimony, this clause ensures fairness in the trial process and helps prevent surprises or delays caused by undisclosed evidence or witnesses.
Trial Testimony. Upon reasonable notice, the DENSO Defendants shall make reasonable efforts to provide, for trial testimony, if necessary, up to eight (8) persons from among the persons who have been interviewed or deposed pursuant to Paragraphs 7(b) and (c) of this Appendix A, or otherwise deposed in the MDL Proceeding, as referenced in Paragraph 7 of this Appendix A, whom the parties reasonably and in good faith believe possess knowledge of facts or information that would reasonably assist the Direct Purchaser Plaintiff(s) in the prosecution of the claims for the Preliminarily Approved Collective Released Parts in the MDL Proceeding, provided, however, that the DENSO Defendants shall not be obligated to make available more than five (5) persons for trial testimony in any individual Action. The DENSO Defendants shall not be required to make any individual available to testify more than once in any case. Nothing in this provision shall prevent the DENSO Defendants from objecting to the reasonableness of the identity and number of persons selected by Settlement Class Counsel and settlement class counsel for the End Payor Plaintiffs and Automobile Dealership Plaintiffs (to the extent the End Payor Plaintiffs and Automobile Dealership Plaintiffs remain in the Collective Actions in which the Preliminary Approval Motions have been granted) to appear for interviews, for depositions, or as trial witnesses.
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Trial Testimony. Upon reasonable notice, HIAMS shall make reasonable efforts to provide, for trial testimony, if necessary, up to eight (8) persons from among the persons who have been interviewed or deposed pursuant to Paragraph 8(b) and (c) of this Appendix A, or otherwise deposed in the MDL Litigation, as referenced in Paragraph 7 of this Appendix A, whom the parties reasonably and in good faith believe possess knowledge of facts or information that would reasonably assist Direct Purchaser Plaintiff in the prosecution of the claims for the Preliminarily Approved Collective Released Parts in the MDL Litigation. HIAMS shall not be required to make any individual available to testify more than once in any case. Direct Purchaser Plaintiff shall reimburse HIAMS for such witness’s economy class fares and $450 per day for lodging and expenses. The maximum reimbursement to HIAMS for any witness shall be $2,250. In no event shall Direct Purchaser Plaintiff be responsible for reimbursing such person for time or services rendered. Nothing in this provision shall prevent HIAMS from objecting to the reasonableness of the identity and number of persons selected by Settlement Class Counsel and settlement class counsel for the End Payor Plaintiffs and Automobile Dealership Plaintiffs (to the extent the End Payor Plaintiffs and Automobile Dealership Plaintiffs remain in the Collective Actions) to appear for interviews, for depositions, or as trial witnesses.
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Trial Testimony. Upon the request of Class Counsel and at NFC’s expense, NFC shall make available from among its current or former directors, officers or employees up to two representatives who Class Counsel believe in good faith to have knowledge regarding Plaintiffs’ claims as alleged in the Action to testify at trial regarding facts or issues at issue in this Action.
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Trial Testimony. Upon the request of Class Counsel, Midwest Poultry shall make available from among its current or former directors, officers or employees a representative who Class Counsel believe in good faith to have knowledge regarding Plaintiffs’ claims as alleged in the Action to testify at trial regarding facts or issues at issue in this Action. Midwest Poultry shall use its best efforts to assist Class Counsel in securing the testimony of any former employee of Midwest Poultry whom Midwest ▇▇▇▇▇▇▇ does not control but whom may be selected by Class Counsel for trial testimony. In the event that Midwest Poultry cannot secure the trial testimony of one or more such former employees selected by Class Counsel, Midwest Poultry shall make available a current director, officer or employees selected by Class Counsel to testify at trial.
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Trial Testimony. A thorough preparation will be conducted prior to the trial and billed at $395.00 per hour based upon actual hours of preparation time. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ will reserve the agreed upon trial day and will travel to the trial site and bill portal to portal for travel time at $395.00 per hour plus all expenses. Additionally, trial testimony will be billed at
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Trial Testimony. Upon the request of Class Counsel and at NuCal’s expense, NuCal shall make available from among its current directors, officers or employees up to two representatives who Class Counsel believe in good faith to have knowledge regarding Plaintiffs’ claims as alleged in the Action to testify at trial regarding facts or issues at issue in this Action. NuCal shall use best efforts to assist Class Counsel in arranging testimony from former directors, officers, and employees of NuCal. Any testimony of such former directors, officers, and employees of NuCal shall count against the cap of two testifying witnesses.
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Trial Testimony. In the event that a case is not settled and proceeds to the stage of trial, my fee for expert witness testimony is $6,000 plus whatever travel and per diem expenses are associated with my court appearance. I will provide your firm with a detailed written invoice reflecting this sum. The full invoice amount must be received prior to my departure for trial. In the unlikely event that conditions at a trial necessitate my presence for additional days, there will be a flat fee of $2,400 for each day (or any portion thereof). This sum will be due and payable at the time my appearance. I normally begin my preparation for trial testimony one week prior to my scheduled appearance. In the event a case is settled or continued during that period of the time I charge a flat cancellation fee of $2,500. (This covers any preparation work I may have done, as well as any related expenses such as airfare penalties).
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Related to Trial Testimony

  • Alcohol Testing Alcohol testing will be conducted by using an evidential breath-testing device (EBT) approved by the National Highway Traffic Safety Administration. A screening test will be conducted first. This initial screening may be accomplished using a saliva test kit. If the result is an alcohol concentration level of less than 0.02 percent, the test is considered a negative test. If the alcohol concentration level is 0.02 percent or more, a second confirmation test using the EBT will be conducted. The procedures that will be utilized by the lab for collection and testing of the specimen are attached hereto as Appendix A.

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) (eff. Apr. 1, 2025, Section 544.0106, pursuant to House Bill 4611, Acts 2023, 88th Leg., R.S.) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

  • DRUG/ALCOHOL TESTING Section 33.1 Drug testing may be conducted on employees during their duty hours upon reasonable suspicion or randomly by computer selection. Alcohol testing will be conducted only upon reasonable suspicion. Reasonable suspicion that an employee used or is using a controlled substance or alcohol in an unlawful or abusive manner may be based upon, but not limited to: A. Observable phenomena, such as direct observation of drug or alcohol use or possession and/or the physical symptoms of being under the influence of a drug or alcohol; B. A pattern or abnormal conduct or erratic behavior, including abnormal leave patterns; C. Arrest or conviction for a drug or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug or alcohol possession, use, or trafficking; D. Information provided either by reliable and credible sources or independently corroborated; E. Evidence that an employee has tampered with a previous drug test; F. Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practices. Section 33.2 Drug/alcohol testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results of drug/alcohol screening or testing be released to a third party for use in a criminal prosecution against the affected employee. The following procedure shall not preclude the Employer from other administrative action but such actions shall not be based solely upon the initial reagent testing results alone. Section 33.3 All drug screening tests shall be conducted by laboratories meeting the standards of the Substance Abuse and Mental Health Service Administration. No test shall be considered positive until it has been confirmed by a Gas Chromatography/Mass Spectrometry. The procedures utilized by the Employer and testing laboratory shall include an evidentiary chain of custody control and split sample testing. All procedures shall be outlined in writing and this outline shall be followed in all situations arising under this article. Section 33.4 Alcohol testing shall be done in accordance with the law of the State of Ohio to detect drivers operating a motor vehicle under the influence. A positive result shall entitle the Employer to proceed with sanctions as set forth in this Article. Section 33.5 The results of the testing shall be delivered to a specified employee of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consent. Refusal to submit to the testing provided for under this Agreement may be grounds for discipline. A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample. B. In the event that any confirmation drug test results are positive, the employee is entitled to have the split sample tested by another DHHS-certified lab in the manner prescribed above at the employee’s expense. The employee must request the split sample test within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinative. Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld. Section 33.8 If after the testing required above has produced a positive result the Employer may require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance. Discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her former position. Such employee may be subject to periodic retesting upon his/her return to his/her position for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days. Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting within one (1) year after his/her return to work from such a program, the employee shall be subject to disciplinary action, including removal from his/her position and termination of his/her employment. Section 33.10 Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s expense. Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above. Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.