By order entered November 17, 2010, (00150147.PDF) KBR/Halliburton was ordered to produce in no more than eleven (11) days a secret “timeline” prepared by their lawyers but used by KBR witnesses in testimony taken in Qatar in September 2010. The Court found that the offensive use of the timeline by KBR’s witnesses to “refresh” their memories of what happened at Qarmat Ali barred the continuing concealment of the evidence. The Court noted that under the Federal Rules, a party should have the right to review and cross-examine witnesses provided such a memory ‘guide”. The Court deferred ruling on whether the witnesses prepared in this way would have to be presented for re-deposition near where they live in Houston, Texas, rather than in Qatar.
