Opinion
Civil Action No. 90-cv-181-JLK.
November 18, 2005
ORDER ON MOTIONS TO ADMIT EXHIBITS
This matter is before me on various written and oral motions to admit exhibits. Having carefully considered these motions, the parties' objections to the proffered exhibits and all applicable legal authorities, and being fully advised in the premises, I rule as follows with respect to each of the following motions:
1. #1605: Plaintiffs' Motion to Admit Documents and Present Them Directly to the Jury (filed 11/8/05)
Plaintiffs' request that they be permitted to read relevant portions of admitted documents to the jury, without a witness, is GRANTED. I rule as follows regarding the specific exhibits offered for admission in this motion:
Exhibit Ruling
P-18 Admitted. P-19 Admitted. P-27 Admitted provided the handwriting is redacted. P-93 Admitted. P-95 Admitted. P-140 Admitted. P-165 Admitted. P-199 Admitted. P-214 Admitted. P-281 Admitted. P-303 Admitted. P-321 Admitted. P-338 Admitted. P-394 Admitted. P-404 Admitted. P-408 Admitted. P-410 Admitted. P-411 Admitted. P-431 Admitted. P-455 Admitted. P-479 Admitted. P-604 Admitted. P-652 Admitted. P-736 Admitted. P-1049 Admitted. P-1091 Admitted.
2. #1608: Plaintiffs' Motion to Admit Exhibit P-1279 (filed November 8, 2005)
This motion is GRANTED. Exhibit P-1279 is admitted.
3. #1616: Plaintiffs' Motion to Admit Exhibits P-10, P-371, P-548, P-651, P-652, P-653, P-654, P-655 (filed November 9, 2005), as amended by #1625 (filed November 10, 2005)
Exhibit P-653 was received into evidence in court on November 15. Defendants' objection to Exhibit P-651 is sustained. This exhibit is excluded. Defendants' objections to the remaining named exhibits are overruled, and these exhibits are admitted.
4. #1617: Defendants' Motion for Admission of Exhibits (filed November 10, 2005), amended by #1623
Exhibit Ruling
DX0476 Admitted. DX0477 Admitted. DX0496 Admitted. DX0497 Objection sustained. This exhibit is excluded. DX550 Admitted. DX562 Admitted. DX563 Objection sustained. This exhibit is excluded.
DX1078/ Objection sustained. These exhibits are excluded because they DX1078a depict arguments of counsel, which are not evidence. If the exhibits were evidence, they would be excluded because they are so confusing that they do not have any tendency to make the existence of a material fact more less probable, see Fed.R.Evid. 401, and their probative value, if any, is substantially outweighed by the danger of confusion of the issues. See Fed.R.Evid. 403. DX1218 Admitted. DX1222 Objection sustained. This exhibit is excluded. DX1223 Objection sustained. This exhibit is excluded. DX1224 Objection sustained. This exhibit is excluded. DX1225 Objection sustained. This exhibit is excluded. DX1226 Objection sustained. This exhibit is excluded. DX1227 Admitted. DX1227A Admitted. DX1228 Objection sustained. This exhibit is excluded. DX1244 Objection sustained. This exhibit is excluded. DX1245 Admitted. DX1252 Admitted. DX1259 Admitted. DX1261 Admitted. DX1262 Admitted. DX1263 Admitted. DX1264 Admitted. DX1265 Admitted. DX1274 Objection sustained. This exhibit is excluded because it depicts arguments of counsel, which are not evidence. If the exhibit was evidence, it would be excluded because it is so confusing that it does not have any tendency to make the existence of a material fact more less probable, see Fed.R.Evid. 401, and its probative value, if any, is substantially outweighed by the danger of confusion of the issues. See Fed.R.Evid. 403. DX1277 Admitted.
5. Exhibits offered by Defendants at trial on November 11
Plaintiffs' objections to DX-623, DX-37, DX-38, DX-379, DX-609 and DX-610 are sustained. The listed exhibits are excluded.
I will rule on the other pending motions to admit exhibits as soon as possible.
IT IS SO ORDERED.