DAVID P. WELDEN, Plaintiff, v. BARACK OBAMA, Defendant.

OFFICE OF STATE ADMINISTRATIVE HEARINGS STATE OF GEORGIA

Defendant shall file and serve the attached Pre-trial Order by December 9, 2011. If a party fails to comply with this Order, the Judge may enter a Default Order against the offending party. Any Default Order may provide for a default as to all issues, a default as to specific issues, or other limitations, including limitations on the presentation of evidence and on the defaulting party's continued participation in the proceeding. OSAH Rule 616-1-2-.30. All Pleadings must be filed by electronic mail in lieu of filing the original. Please send

kwestray@osah.ga.gov . Any party who files a document by electronic transmission represents

that the original signed document will be retained by that party for the duration of the proceeding

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and of any subsequent appeal or subsequent proceeding in that cause and will be produced upon the request of other parties. The filing date for an electronically-transmitted document is the date the Clerk receives the complete document. Any document received after 4:30 p.m. will be deemed filed as of 8:00 a.m. the next business day.

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them to Ms. Kim Beal at kbeal@osah.ga.gov , with a copy to Mr. Kevin Westray at

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The Plaintiff shall file and serve the attached Pre-trial Order by December, 1, 2011. The

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: Docket Number: OSAH-SECSTATE-CE1215137-60-MALIHI :

ORDER


party's attorney. OSAH Rule 616-1-2-.11. SO ORDERED, November 23, 2011.

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MICHAEL M. MALIHI, Judge

When appropriate, a proposed Order should be filed with any Motion. An additional

copy of any motion or pleading filed by any party must be served upon any other party or that

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OFFICE OF STATE ADMINISTRATIVE HEARINGS STATE OF GEORGIA

DAVID P. WELDEN, Plaintiff, v. BARACK OBAMA, Defendant.

PRE-TRIAL ORDER

COMES NOW the trial Order:

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(Plaintiff/Defendant)

(1) The name, address, phone number, fax number and E-mail address of the attorney(s) (or Pro se party) who will conduct the hearing is as follows:

(2) The estimated time required for hearing:

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(3) The following motion(s) is pending/anticipated for consideration by the Court:

Motion: Date filed:

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Direct examination: Cross examination: Total:

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: Docket Number: OSAH-SECSTATE-CE: 1215137-60-MALIHI

and files the following Pre-

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(4) The issues for determination by the Court are as follows: A. B.

(5) The following is an in depth outline of the case and contentions including specific statutes or rules or other source of law upon which each issue is based and any special authorities relied upon (please attach a copy of any case, statute, rule, and/or regulation cited): A.

(6) The types of relief sought are stated as follows: A.

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(7) The following facts are stipulated (if any): A. B. C.

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(8) The following is a list of all exhibits that will be tendered at the hearing. Unless noted, the parties have stipulated as to the authenticity of the exhibits listed and the exhibits listed may be admitted without further proof of authenticity. All exhibits shall be marked by counsel prior to hearing. Parties shall consolidate exhibits by eliminating duplicates and use a common numbering system for joint exhibits so that one set of joint exhibits is presented to the Judge. Exhibits shall be pre-marked by the parties sequentially starting with "P-1." for the Plaintiffs exhibits, and "D-1" for the Defendant's exhibits. A copy of the exhibits shall be given to the

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B. C.

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C. B. C.

opposing party no less than 5 days before the hearing and to the Judge when first identified at the hearing.

(9) The testimony of the following persons may be introduced by depositions:

(10) The following are lists of witnesses and a brief description of each witness' expected testimony and relation to the issues for determination:

Opposing counsel may rely on representation by the designated party that she/he will have a witness present unless notice to the contrary is given in sufficient time prior to the hearing to allow the opposing party to subpoena the witness or obtain her/his testimony by other means.

(11) The hearing can be avoided if the parties are able to settle the dispute voluntarily. Mediation is available as a possible means of resolving your differences without the necessity of a formal hearing. The possibilities of settling the case are:

This the

Submitted by:

Attorney for Plaintiff

Attorney for Defendant

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SO ORDERED, this

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IT IS HEREBY ORDERED THAT the foregoing, including the attachments thereto, constitutes the PRE-TRIAL ORDER in the above case upon filing with the Clerk and supersedes the pleadings that may not be further amended except by order of the Court to prevent manifest injustice.

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, 2011. , 2011. MICHAEL M. MALIHI, Judge