United States District Court, E.D. California
DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE
is a state prisoner proceeding pro se and in forma pauperis
with a civil rights action pursuant to 42 U.S.C. § 1983.
By order dated February 24, 2017, the Honorable Garland E.
Burrell, Jr., adopted findings and recommendations to deny
plaintiff's motion for summary judgment. (ECF Nos. 43,
47.) Good cause appearing, the court will, by this order,
reset a schedule for this litigation.
course, the parties will be required to file pretrial
statements in accordance with the schedule set forth below.
In addition to the matters already required to be addressed
in the pretrial statement in accordance with Local Rule 281,
plaintiff will be required to make a particularized showing
in his pretrial statement in order to obtain the attendance
of witnesses. Plaintiff is advised that failure to comply
with the procedures set forth below may result in the
preclusion of any and all witnesses named in his pretrial
trial of this case, the plaintiff must be prepared to
introduce evidence to prove each of the alleged facts that
support the claims raised in the lawsuit. In general, there
are two kinds of trial evidence: (1) exhibits and (2) the
testimony of witnesses. It is the plaintiff's
responsibility to produce all of the evidence to prove the
case, whether that evidence is in the form of exhibits or
witness testimony. If the plaintiff wants to call witnesses
to testify, plaintiff must follow certain procedures to
ensure that the witnesses will be at the trial and available
Procedures for Obtaining Attendance of Incarcerated
Witnesses Who Agree to Testify Voluntarily
incarcerated witness who agrees voluntarily to attend trial
to give testimony cannot come to court unless this court
orders the warden or other custodian to permit the witness to
be transported to court. This court will not issue such an
order unless it is satisfied that:
1. The prospective witness is willing to attend; and
2. The prospective witness has actual knowledge of relevant
the pretrial statement, a party intending to introduce
the testimony of incarcerated witnesses who have agreed
voluntarily to attend the trial must serve and file a written
motion for a court order requiring that such witnesses be
brought to court at the time of trial.
1. State the name and address of each such witness;
2. Be accompanied by affidavits showing that each witness is
willing to testify and that each witness has actual knowledge
of relevant facts.
willingness of the prospective witness can be shown in one of
1. The party can swear by affidavit that the prospective
witness has informed the party that he or she is willing to
testify voluntarily without being subpoenaed. The party must
state in the affidavit when and where the ...