For Microsoft, what isn't said on the witness stand is becoming as important as what is said.

At least for now, Microsoft has prevented the nine states litigating against it from introducing as evidence documents in which computer makers complain about the software company's tentative settlement with the Bush administration. The documents are critical to the states' case because they contain allegations that Microsoft is continuing to exercise unfair business practices, even after settling its case with the federal government. The states had originally planned to introduce the documents during the cross-examination of Microsoft vice president Richard Fade. But problems arose when Microsoft, citing strong confidence in its case, elected to remove several witnesses -- including Fade -- from its witness list.

Microsoft's removal of the witnesses has proven wise, making it difficult for the states to introduce the documents and frustrating their strategy. States' attorney Howard Gutman has tried desperately to convince U.S. District Judge Colleen Kollar-Kotelly to allow the documents. Microsoft has "known about (the documents) being a central part of our case from day one," Gutman said. Microsoft attorney John Warden protested vehemently, charging that the states' move to include the documents as evidence is improper. "This is not their case, this is ours," said Warden. "They should've put (the documents) in on their own time." From all outward appearances, Kollar-Kotelly seemed to agree with Microsoft.