Motion to Exclude Undisclosed Witness

UNITED STATES DISTRICT COURT

FOR A SAMPLE DISTRICT

________________________________

) Case No.:

Peter Plaintiff, )

Plaintiff, )

)

v. )

)

Donald Defendant, )

Defendant. )

____________________________ )

Moving Party: _______________

Respondent: _______________

MOTION TO EXLUDE TESTIMONY OF

PREVIOUSLY UNDISCLOSED WITNESS

The Moving Party hereby requests that this honorable court issue its order excluding the testimony of _______________ in the above-titled cause for the following reasons:

1. This action was commenced on the _____ day of _______________, 20_____.

2. As early as the _____ day of _______________, 20_____, the Respondent knew or reasonably should have known that it had intended to call _______________ (hereafter referred to only as: “Witness”) as a witness on its behalf.

3. The claim that the Respondent knew that Witness would be called to the stand to testify is predicated upon the following:

   __________________________________________________

   __________________________________________________

   __________________________________________________

   __________________________________________________

4. The Witness, therefore, was at least “likely to have discoverable information” and was clearly one whom the Respondent might use to support its claims or defenses. In particular, Witness was a person...