- 91 - did not produce. Consequently, the Court ordered an evidentiary hearing concerning those documents that took place on October 27, 1993, during the trial of these cases.62 Both prior to and at the conclusion of that hearing, the Court informed petitioner that he had the burden of proving that he did not have possession, custody, or control of the documents in question. At the evidentiary hearing, petitioner produced certain documents sought by respondent, and respondent was satis- fied with respect to all her requests except for certain records of (1) Double Wealth with respect to BB Loan No. 3, (2) Horbury with respect to, inter alia, the loan at issue involving Horbury, and (3) Forward with respect to, inter alia, the ownership of its stock during the years 1983 through 1986 and its alleged pledges of cash deposits to secure loans to Radcliffe and BOT during the years 1982 through 1986. At the evidentiary hearing on respon- dent's motion to compel, petitioner testified that he did not have possession, custody, or control of the documents in question that had not been produced and about his alleged efforts to locate them. On October 27, 1993, at the conclusion of the hearing on respondent's motion to compel, the Court orally ruled that peti- 62 The evidentiary hearing was held on Oct. 27, 1993, during the trial of these cases because petitioner, without good cause, did not make himself available to the Court at the call of these cases from the calendar and did not present himself in Court until Oct. 27, 1993, two days after the trial of these cases had commenced. Despite petitioner's unjustified absence, the Court delayed holding that hearing in an effort to accommodate him and interrupted the trial in order to hold it.Page: Previous 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Next
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