IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 4, 2009
JARMAAL LARONDE SMITH, PLAINTIFF,
LEANN CRONES, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge
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.
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.
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