- 5 - to trial. Witnesses that should have been called were not called. At the end of the second day of trial, petitioners brought into the courtroom 22 dirty, worn-out, mildewy boxes that allegedly contained records and documents relating to petitioners' businesses that petitioners speculated, if organized and examined, would support petitioners' entitlement to many of the items at issue in this case. These documents, however, were not organized. The documents were not presented or offered into evidence in an organized manner that related to the specific issues in the case. Petitioners' attorney had known about the documents for at least 2 or 3 weeks before trial, and probably for much longer, but had not disclosed the existence thereof to respondent's counsel nor to the Court, nor were the documents made available to respondent as required under our Rules and pretrial order. Petitioners and their attorney could not describe or explain in any specific, coherent, or meaningful manner the nature of the documents in the boxes, the relationship of the documents to the issues in the case, nor what the documents allegedly proved with regard to the issues in the case. After trial, the Court held the record open for a period of time to allow petitioners to organize the documents in the 22 boxes, to make a presentation to respondent's representatives as to what the contents of the boxes established with regard to the adjustments at issue in this case, to confer with respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011