I've asked this question to different experienced judges and I've received a broad range of answers, so this is a "How do you do it?" post. I hope you will share your thoughts and practices.
(and US Sailing's "Protest Hearing Procedures") clearly put place holders for when witnesses are called.
We are trained to cue the parties to call their witnesses after each party has told their stories, questioned each other, and after questioning by the panel. This is of course during the hearing so the filing passed validity.
But what if there are differing stories from the parties regarding validity and one or both parties have indicated that they intend to call witnesses during the hearing? (I'd note, when witnesses are listed, we have no idea to what they will testify .. and by my experience and amazement ... neither does the party calling them. They are simply listed as witnesses).
- Does the Chair ask, "Would you like to call your witness?" during validity as we do as a matter of course during the hearing?, or
- Does the Chair sit back silently and wait to see if one of the parties asks for the witness to testify during validity?
I've received guidance on completely opposite sides of the spectrum on this question.
On the one hand, some have guided that it is the party's obligation to call their witness if they think they have information that support their position.
On the other hand, others have guided that rule 63.6
"The protest committee shall take the evidence of the parties
present at the hearing and of their witnesses and other evidence it considers necessary." As a Chair if you know there are witnesses in the wing, and you are in the middle of a 'he-said she-said', that the Chair should cue the party and ask "Would you like to call your witnesses?" .. or even just call them without asking the party.
How Rule 63.6 is written ... "The protest committee shall take the evidence
.... of their witnesses ... " can be read as a forward leaning position.
I've taken a lighter hand in the past, but I'm thinking maybe not being so shy to bring in witnesses .. or at least cuing the parties .... during validity might be better.
Please share your thoughts. - Ang