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Microsoft trial limits set
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June 9, 1998: 3:22 p.m. ET
Only cross examinations, 12 expert witnesses for each side will be allowed
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NEW YORK (CNNfn) - Microsoft Corp. and government attorneys will be limited to 12 expert witnesses each during their historic antitrust trial, Judge Thomas Penfield Jackson of U.S. District Court said Tuesday.
The ruling came as attorneys from Microsoft and the Justice Department met to review discovery proceedings leading up to the Sept. 8 trial date for the massive antitrust suit filed by Justice and 20 state attorneys general in May.
Sources close to the proceedings said Jackson stipulated all in-court proceedings will be limited to cross-examinations. Witnesses for both sides will be deposed and subpoenaed for direct testimony prior to in-court proceedings.
Jackson said he will leave all of September open for the trial. One source said the judge warned the Justice Department to present only new evidence in its discovery documents to keep the case on the fast track.
Another source said Microsoft lawyer John Warden intimated the company won't have enough time to prepare for the Sept. 8 trial date.
But Justice Department attorney David Boies countered that the company has enough resources at its disposal to be ready in time.
In May, less than one week after the suit was files, Microsoft asked Jackson to delay the start of the trial until December. Jackson denied the request.
The government's antitrust suit accuses Microsoft of using its dominance in computer software to drive competitors out of business.
Microsoft (MSFT) shares were up 1-13/16 to 87-1/2 in afternoon trading Tuesday.
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