Opinion
No. 01-4018-SAC
May 22, 2003.
MEMORANDUM AND ORDER
This case comes before the court on the parties' objections to portions of the videotaped depositions of Michael Leonard Montgomery, M.D., and John W. Kosko, M.D., (Dk. 95), which defendant recently took and intends to introduce at trial in lieu of the witnesses' live testimony. Plaintiff has voiced no objection to defendant's use of these depositions at trial, see Fed.R.Civ.Pro. 32(a)(3), but objects to portions thereof.
Plaintiff objects to Dr. Kosko's testimony which indicates that plaintiff was an inmate at Lyon County Jail when Dr. Kosko saw him on September 12, 2000, contending that this fact is irrelevant. The court has reviewed the testimony by Dr. Kosko which contains the challenged testimony. It explains how plaintiff's transfer from the Morris County Jail to the Lyon County jail affected his physical condition. The court thus finds the challenged testimony to be relevant, and further finds that the prejudicial effect of this testimony does not outweigh its probative value. Accordingly, this objection is overruled. No other objections are raised in Dr. Kosko's deposition.
The court has similarly reviewed plaintiff's and defendant's objections included in the deposition of Dr. Montgomery, and overrules each of them.
Accordingly, the parties are instructed to edit both videotape depositions by omitting only the objections and corresponding colloquy of counsel.
IT IS SO ORDERED.