Witness “Flair”

September 11, 2013

  • 170A Federal Civil Procedure
  • 170AXV Trial
  • 170AXV(A) In General
  • 170Ak1951.15 Conduct of or Affecting Witnesses
  • 170Ak1951.17 k. Appearance and Attire.

170A Federal Civil ProcedureAllowing defendant driver’s expert to continue wearing American flag pin he was wearing in his lapel while he testified in plaintiff driver’s action against her insurer for underinsured motorist benefits as result of motor vehicle accident with underinsured defendant driver, did not improperly influence jurors; there was nothing unusual about pin’s size or nature, and judge took judicial notice of fact that, since September 11, 2001, many Americans, regardless of party, wore such pins, and declined to order witness to remove it.
Ford v. Nationwide Mut. Fire Ins. Co., 214 F. Supp. 2d 11 (D. Me. 2002)
Suggested by Kimberly Hubbard, Law student; University of Missouri-Columbia; Columbia, MO