Attorney-at-Law

“I SING THE PRETRIAL CHECKLIST ELECTRONIC”

In Uncategorized on 10/29/2020 at 12:12

Walt Whitman has certainly given me the gift that keeps on giving. My “electronic” takeoff of his leaf of grass is now in its fourth year, with no end in sight (groans from my readers).

Today, that obliging jurist Judge David Gustafson obliges me and Rashida Vance McNeil, Docket No. 14472-19, filed 10/29/20, with a pretrial checklist for the Zoomgov age. Technology provides that, although “Each degree of Latitude, Strung about Creation, Seeth one or more of us,” as a far better writer than I put it, we all can gather for a Zoomie-based teletubby.

But to make it work, here’s what y’all need to do, as Judge Gustafson advises Ms McNeil in a phoneathon.

“…the Court…instructed her to review any draft stipulation of facts that the Commissioner proposes, to propose any necessary corrections, and to cooperate with the Commissioner’s counsel in filing a joint stipulation of facts timely. The Court also gave instruction to Ms. McNeil to immediately share with her opponent any documents that she will offer into evidence at trial. The Court reminded her that any non-stipulated exhibits are also due to be filed on Monday, November 2, 2020, so that her opponent can see them in advance of trial and so that the documents can be accessed by the parties and the Court during the remote trial proceedings.” Order, at p. 1.  

And don’t forget the pretrial memorandum. Apparently Ms McNeil has, and that does not bode well. “The Court noted that one important aspect of the pretrial memorandum is its identification of any witnesses that the parties expect to call. The Court observed that this information is overdue and urged Ms. McNeil to promptly notify [IRS’ counsel] of any witnesses and to prepare for the witnesses’ participation in the video proceeding.” Order, at pp. 1-2.

Finally, make sure your laptop has a video camera, and show up for the Zoomgov dry run.

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