Case Summary:
Creditor Newtek Small Business Finance, LLC, filed a motion for relief from stay to foreclose on certain real property owned by the Debtor. The Debtor objected, and the Court scheduled a final hearing. The Court issued a standard final hearing order, requiring the parties to exchange and submit witness and exhibit lists no less than 7 days before the date set for hearing. Newtek timely submitted its witness and exhibit lists. The Debtor filed its lists 1 day late. On its witness list, the Debtor stated that an appraiser, Darin Voegeli, would be testifying as to the value of the real property. And on its exhibit list, Debtor stated that it intended to introduce an appraisal prepared by Mr. Voegeli “when received.” Newtek moved to prohibit the Debtor from calling Mr. Voegeli as a witness and prohibit the Debtor from introducing the appraisal as evidence. The Court granted the motion.  Newtek did not have sufficient opportunity to review the appraisal or any opinions. There was no explanation for the failure to comply with the Court’s final hearing order and no suggestion of excusable neglect.

Statutes/Rule References:
Fed. R. Evid. 403 -- Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 702 -- Testimony by Expert Witnesses
Fed. R. Evid. 703 -- Bases of an Expert

Key Terms:
Evidence
Motion in Limine