Swanger et al v. Warrior Run School District et al

Filing 254

ORDER denying in part and reserving in part 231 Motion in Limine of Defendants Diversified Treatment Alternatives and Alvin Weaver, as follows: 1. Defendants' motion to preclude Duane Mattison from testifying at trial on the basis that Matti son lacks the competency to testify is DENIED WITHOUT PREJUIDCE. 2. Defendants' motion to preclude BJS from testifying at trial on the basis that BJS lacks the competency to testify is RESERVED UNTIL TIME OF TRIAL. 3. On or before 2/8/19 at 10 :00 AM, both parties shall submit to the Court a list of proposed voir dire questions that they would like the Court to ask BJS when determining her competency, and in particular, her ability to understand the obligation of an oath and the basic duty to testify truthfully in Court. 4. Defendants' motion to preclude BJS and Mattison from testifying in their entirety at trial pursuant to Federal Rules Of Evidence 401, 402 and 403 is DENIED WITHOUT PREJUDICE. Signed by Honorable Robert D. Mariani on 2/4/19 (jam)

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