David Lee Smith and Mary Julia Hook - Page 8

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               It was apparent to the Court that the boxes could not be               
          received in evidence in the state that they were being offered by           
          petitioners.  The Court required the parties to organize the                
          records in a manner that would provide for an orderly and                   
          meaningful trial, including any decisions about whether such                
          documents were relevant and/or otherwise admissible into                    
          evidence.                                                                   
               The trial was recessed for 2 hours, and the parties were               
          required to go through the individual documents and to organize             
          them in some reasonable manner.  The trial was reconvened after 2           
          hours, and it appeared to the Court that the parties had made a             
          limited amount of progress in organizing the documents, so the              
          parties were required to continue their organization of the                 
          documents and the stipulation process until July 15, 2002, at               
          10:00 a.m. (approximately 60 days later) when the trial would               
          resume.                                                                     
               On July 15, 2002, upon the resumption of trial, one of the             
          first matters brought to the Court’s attention was respondent’s             
          Motion to Dismiss For Failure To Properly Prosecute, which had              
          been held in abeyance from the April 29 and May 2, 2002,                    
          hearings.  In a July 15, 2002, supplement to his earlier motion             
          to dismiss, respondent, after reiterating the history up through            
          May 2, 2002, stated that meetings with petitioners concerning the           
          organization and stipulation of the contents of the four boxes of           






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