Xcentric Ventures, LLC, et al., v. Richeson

Filing 19

ORDER denying defendant's 17 Motion to Appear by Telephone to the preliminary hearing. Signed by Judge Neil V Wake on 09/17/10.(ESL)

Xcentric Ventures, LLC, et al., v. Richeson

Doc. 19

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XCentric Ventures, LLC, an Arizona) limited corporation, and Jaburg & Wilk,) ) P.C., a professional corporation, ) ) Plaintiff, ) ) vs. ) ) ) Shawn Richeson, ) ) Defendant. ) ) No. CV-10-01931-PHX-NVW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Before the Court is Defendant's Motion to Appear by Telephone (Doc. 17) and the Response (Doc. 18). The Court generally allows out-of-state counsel and parties to appear by telephone in non-evidentiary proceedings. However, witnesses are not permitted to testify or offer evidence by telephone absent justifying circumstances. The cost and time of travel are rarely sufficient justification. No circumstances are presented in this case that would justify telephone testimony in the preliminary injunction hearing. Possible issues of credibility and the practicalities of presenting evidence require live presence of witnesses. Because Defendant does not receive electronic notice of the Court's orders, Plaintiff's counsel is directed to notify Defendant of this order immediately. IT IS ORDERED that Defendant's Motion to Appear by Telephone (Doc. 17) is denied to the preliminary injunction hearing. DATED this 17th day of September, 2010.

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