Opinion
Civ. A. No. 03-1999 (JMF).
April 26, 2005
ORDER
This case is before the Court upon consent of the parties to a trial before a United States Magistrate Judge. A two-day trial is currently scheduled for May 3 through May 4, 2005.
On April 25, 2005, plaintiff filed a Motion to Proceed Pro Se and Addition of Medical Information. In that motion, plaintiff indicated that he has been unable to retain counsel and that he will proceed pro se. He also attached to his motion two reports or letters from physicians. Apparently, he seeks to proceed on the theory that these letters serve as proof of the injuries he sustained as a result of the February 11, 2000 motor vehicle accident that is the subject of this lawsuit. The problem is that both letters are hearsay and are inadmissible. If plaintiff, by attaching the documents to his motion, intended to have them admitted into evidence, I must tell plaintiff that they are inadmissible. Indeed, if he wishes to introduce the reports, he must call the physicians as witnesses at the trial that begins on May 3, 2005.
Accordingly, it is, hereby, ORDERED that plaintiff's Motion to Proceed Pro Se and Addition of Medical Information is GRANTED in part and DENIED in part. Plaintiff shall proceed to trial pro se, but the attachments to the motion will not be admitted into evidence unless the physicians who authored them are called as witnesses and testify at trial.