PCHB105003176

PCHBPollution Control Hearings Board of the State of Washington

March4, 2002 F E T T E R M A N PeterJ.Eg,ick A.o,._yAEI_CIRONMENTAL a..,,,.,_,°.,.y,_o.°er._,,_ HEARINGS OFFICE By Fax and Mail Hen. Kaleen Cottingham Presiding Officer Pollution Control Hearings Board Office of Environmental Hearings 4224 6th Avenue SE Building 2, Rowe 6 Lacey, WA 98503 Re: PCHB No. 01-160, ACC v. Dept. of Ecology and Port of Seattle: Dear Presiding Officer Cottingham: In light of the correspondence last week concerning use of a chess clock during the hearing, enclosed with this letter is a copy of the Verbatim Report of Proceedings in which Thurston County Superior Court Judge Hicks denied the Port's Motion to Set Aside the Board's Stay Order. Judge Hicks explicitly suggested at page 6 use of a chess clock format, with time per "side": From time to time we get complex cases that counsel estimate can't be done in a four- week time period, or they get ten days and they don't think they can get it done, and we only ten days to give them. Several of the judges -- I'm not the only one -- have done this. We've put what we call a chess clock on and we limit each side. But you have to be clever. We keep track minute by minute and the clerk does, too. If you look at the clerk's minutes, you'll see they can tell you when every witness starts, when the cross- examination starts, when the redirect starts. And we give both sides an equal amount of time, whether…
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