- 12 - By Order served November 4, 1994, the cases were set for trial in New York City on April 3, 1995. The parties were ordered to submit on or before March 3, 1995, trial memoranda setting forth a discussion of the issues remaining to be tried and the legal authorities relied on by the parties, identifying each witness to be called at trial with a brief summary of the anticipated testimony of such witness, and other matters. The Order stated: "Witnesses who are not identified in the trial memorandum will not be permitted to testify at the trial without leave of the Court upon sufficient showing of cause." The requirement of the trial memorandum had been included in the Standing Pre-Trial Order served with each prior notice of trial, but petitioner never submitted a trial memorandum. The Order served November 4, 1994, also required the filing of a stipulation of facts on or before March 3, 1995. Ms. Barth and respondent entered into a Second Stipulation of Facts, attaching a variety of records showing receipt by petitioner of amounts determined by respondent to be unreported income and attaching various tax returns filed for entities controlled by petitioner over a period of time. Petitioner failed to cooperate with respondent and Ms. Barth's counsel with respect to this stipulation of facts. On December 5, 1994, respondent's request for admissions was filed, reflecting service on petitioner on December 2, 1994. Petitioner did not respond to the request for admissions.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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