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FROM :NATURAL RESOURCES SEC. 303 866 3668 1996,11-13 10:54 #276 R.03/07 <br /> NOTICE TO ATTORNEY$ RE: DIRECT TESTINONY BY SWORN DECLARATX.ON <br /> PROCEDURES TO BE FOLLOWED BY ATTORNEYS <br /> IN SELECT$D TRIALS OR CONTESTED HEARYNGS <br /> BEFORE THE HONORABLLP PATRICIA ANN CLARK <br /> 1. Stat=Qnt pf frpDsa <br /> The purpose of this particular procedure is to <br /> streamline the presentation of direct testimony in trials and <br /> contested hearings,, thus reducing trial time without sacrificing <br /> due process and a fair trial. This shall be known as the <br /> alternate direct testimony procedure. <br /> For each witness that an attorney Galls on behalf <br /> of his clientos case, the attorney shall prepare in duplicate a <br /> succinct written statement of the direct testimony which that <br /> witness would be prepared to give as though questions were <br /> Propounded ire the usual fashion. (Please note on the direct <br /> testimony caption the proceeding for which it has been submitted, <br /> e•g• , !."Direct .Testimony of John Smith for Hearing on Relief from <br /> Stay.") Each statement of fact shall be Separate; sequentially <br /> numbered and shall contain only facts which are relevant and <br /> material to the contested issue before the Court, avoiding <br /> redundancies, -hearsay, and other obvious objectionable <br /> statements. The statement shall be signed under penalty of <br /> Perjury by the declarant. A sample of such a statement is" <br /> attached. Such statements may be referenced as the witnesses, <br /> "sworn declaration of fact. '' <br /> Copies of all sworn declarations Of fact shall be L s' <br /> furnished to and received by the opp <br /> t osing Counsel � ,�� than <br /> ten (10) days prior to trial or hearing. - <br /> Ten (10) days before hearing/trial, Or sooner, the <br /> original and one cop�r ,af all sworn declarations of fact shall be <br /> marred as Exhibits, presented to the court' Clerk. If opposing <br /> counsel desires to object to any of the statements or portions <br /> thereof, he/she may do so at the time the sworn declaration of <br /> each respective witness is offered to the Court. The witness <br /> lExhibit labels are available at Bradford Publishing, 1743 Wases,Denver,Colorado, for counsel to mark their exhibits <br /> Prix'to hearingMai. The following system for marking exhibits should be followed: <br /> Rlaintifre Exhiblta-LETTER(Yellow) <br /> Defendant's Eadubits-NUMMEi(blue) <br /> Applicant'a Exhibits-LETTER(green) <br /> Respondent's Exhibits-NUMBER(brown) <br /> Debtor's Exhibits-LETTER(white) <br /> Creditor's Exhibits-NUMBER(plain red) <br /> 2 <br /> I <br />