- 14 - with Field about his testimony in this case. The Court advised petitioner that he could move to set aside the defaults previously declared and that cooperation with respect to the second stipulation of facts and his testimony might help him in that regard. Petitioner then indicated that most of the items set forth in the second stipulation of facts were agreeable. At no time during his testimony, however, did petitioner show any error or suggest any specific error in respondent's determination with respect to the deficiencies. On April 5, 1995, the case was submitted. Petitioner was advised that he had until May 5, 1995, to make any motions to be relieved of his prior defaults, to vacate admissions, or to strike any exhibits to which a valid evidentiary objection could be made. The Court stated: you must include a detailed offer of proof, including copies of any documents that you would offer in evidence such as transcripts of prior testimony and a summary of the anticipated testimony that you or any other witness could give at any further trial if the record were reopened. You're certainly going to have to show good cause, and I frankly doubt it, because on the basis of the history so far, I've drawn the inference that you had never any intention to prosecute this case, but only to delay it. But if you--I do have to consider any such motions with regard to the interest of justice, and you're obviously going to have to offset any prejudice to the Court, to Respondent and to Mrs. Barth from the delays and from not resolving it at that point.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011