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These cases were calendared for trial twice in Louisville.
Five months before they were first calendared for trial, we sent
a copy of the Court’s standing pretrial order to petitioner. The
standing pretrial order stated in part: “Any documents or
materials which a party expects to utilize in the event of trial
(except for impeachment), but which are not stipulated, shall be
identified in writing and exchanged by the parties at least 15
days before the first day of the trial session.”
Petitioner gave respondent envelopes containing some of his
records 3 days before that trial session. The records were
disorganized. Respondent immediately returned the records to
petitioner so he could organize them. Petitioner did not return
those records to respondent until the second time the cases were
set for trial.
About 3 months before the trial of these cases, we ordered
the parties to exchange all evidence to be offered at trial
(except for impeachment purposes) 45 days before trial. We also
told the parties that the Court may refuse to receive in evidence
any document or material not stipulated or exchanged as required
by this Court.
Four days before trial, petitioner again gave disorganized
records to respondent. Respondent returned them to petitioner to
organize them. Petitioner did not return those records to
respondent before trial.
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Last modified: May 25, 2011