Fudge v. Norris, et al, No. 5:2003cv00461 - Document 187 (E.D. Ark. 2009)
Court Description: ORDER holding that inmate Bobby Green will not be allowed to testify and that a decision on whether inmate Antonio Ellis should be allowed to testify will be made on the day of trial 185 . Signed by Judge James M. Moody on 1/8/09. (bkp)
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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES CHARLES FUDGE VS. PLAINTIFF CASE NO. 5:03CV000461 JMM J. T. BANKS, ET AL. DEFENDANTS ORDER In defendants response to plaintiff s January 6, 2009 Amended Witness List defendants objected to plaintiff s use of inmate Bobby Green as a witness because Green was identified as a witness only a week before trial and defendants objected to plaintiff calling inmate Antonio Ellis due to Ellis s previous testimony which resulted in a mistrial. It is the Court s practice to allow any witness to testify at trial who has been identified, upon request, during discovery. Here, even though the defendants did not specifically make a discovery request for plaintiff s witnesses, Federal Rule of Civil Procedure 26 s requirements regarding witnesses and the Court s multiple Scheduling Orders dating back to 2005 will suffice, in this case, to satisfy the Court s practice regarding witnesses and discovery. The Court holds that inmate Green will not be allowed to testify and that a decision on whether inmate Ellis should be allowed to testify will be made on the day of trial. IT IS SO ORDERED THIS 8 day of January , 2009. James M. Moody United States District Judge
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