Smith v. Crones et al

Filing 93

ORDER signed by Senior Judge Arthur L. Alarcon on 9/4/09: Plaintiff shall be permitted to refile a complete copy of his motion for attendance of an unincarcerated witness, previously entered on the docket as Doc. No. 90 , if he so chooses, on or before September 11, 2009. (Kaminski, H)

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S:\Eastern District of California\07-00964Smith\07cv00964.090409.o.no subpoena for unincarcerated witness.wpd

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JARMAAL LARONDE SMITH, Plaintiff, vs. LEANN CRONES, et al., Defendants. / On September 3, 2009, Plaintiff filed a motion for the attendance of Bobbie Smith, an unincarcerated witness, at trial. A motion for the attendance of an unincarcerated witness is appropriate if the assistance of the Court is required to secure the attendance of a witness at trial by the issuance of a subpoena. A subpoena is required where an unincarcerated witness will not voluntarily attend and testify at trial. Plaintiff has filed a motion which explains his reasons why he wants to proffer Bobbie Smith as a trial witness. Whether any of her testimony is admissible will be decided at trial. The motion does not assert that Bobbie Smith will not voluntarily appear as a witness at trial. However, the motion appears to be missing pages, following page 3 of 6 and page 4 of 6. If Plaintiff wishes to re-file the motion to include these missing pages, and he sets forth facts showing that the issuance of a subpoena will be necessary to secure Bobbie Smith's attendance, this Court will consider whether a subpoena should be issued. ORDER Case No. 2:07-cv-00964 ALA (P)

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ACCORDINGLY, IT IS HEREBY ORDERED that Plaintiff shall be permitted to refile a complete copy of his motion for attendance of an unincarcerated witness, previously entered on the docket as Doc. No. 90, if he so chooses, on or before September 11, 2009. ///// DATED: September 4, 2009 /s/ Arthur L. Alarcón UNITED STATES CIRCUIT JUDGE Sitting by Designation

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