Premise: This looks artificial when you're dealing with a fact witness, but these are fact witnesses who are also reporters, and I am straining to try to find a fair way to do this. I believe that to the extent -- and I've said this now several times -- that the reporters' testimony is necessary in order to invoke the residual hearsay exception under Rule 807, that the defendants have to have an opportunity to examine the reporters on the same topics and subjects that I would allow the plaintiffs to question them on during their case-in-chief, nothing more and nothing less.
Hypothesis: Should the hearsay exception be invoked, defendants would gain rights equal to the plaintiff.