- 31 - value to attribute to this fact. We are not convinced that it added more than a minimal amount, if any. Petitioner criticizes Pietka's assumption that petitioner paid all of the expenses including real estate taxes. However, petitioner did not prove otherwise. Mr. Cummings' testimony that he paid the real estate taxes differs from his testimony in a prior unrelated case before the Oregon Tax Court. In the Oregon Tax Court case, Mr. Cummings testified that petitioner paid the real estate taxes on the 4200 S.W. Corbett St. property. We make no finding as to who paid those taxes.7 Petitioner offered documents showing that Mr. Cummings spent about $100,000 for repairs in the spring of 1994. The documents were not admitted because they were exchanged too late (1 week before trial). About 5 months before this case was calendared for trial, we sent a copy of the Court’s standing pretrial order to the parties. 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.” Materials not provided in compliance with our pretrial orders are not admitted into evidence. Rule 104(c)(2); see 7 See supra note 7.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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