- 4 - deficiency can lawfully issue that is not a joint Notice of Deficiency addressed to both spouses jointly. Attached to the Amended Petition was a verification under penalty of perjury signed by petitioner. By notice served August 24, 2001, this case was set for trial in Phoenix, Arizona, on January 28, 2002. Attached to the Notice Setting Case for Trial was a Standing Pre-Trial Order that provided in part: ORDERED that all facts shall be stipulated to the maximum extent possible. All documentary and written evidence shall be marked and stipulated in accordance with Rule 91(b), unless the evidence is to be used to impeach the credibility of a witness. Objections may be preserved in the stipulation. If a complete stipulation of facts is not ready for submission at trial, and if the Court determines that this is the result of either party’s failure to fully cooperate in the preparation thereof, the Court may order sanctions against the uncooperative party. 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. The Court may refuse to receive in evidence any document or material not so stipulated or exchanged, unless otherwise agreed by the parties or allowed by the Court for good cause shown. * * * On November 8, 2001, Respondent’s Request for Admissions was filed. Petitioner’s Response to Requests for Admissions was filed December 4, 2001. Petitioner’s responses included assertions such as the following: “Admit the Petitioner lived in Phoenix, Arizona, but denies he resided.” With respect to eachPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011