Order on Motion to Admit Post-Trial Evidence

2 pages

Document text

The following text has been generated automatically during the document scanning process. It may contain errors, omissions, or incorrect formatting. Please refer to the PDF document if this text is not usable.

Download

By downloading, publishing, or reusing the Materials outside of the Website, you hereby confirm and attest that you have read and agree to the LDF Archival Collection Terms of Use linked below. We draw your attention to the following:

For those Materials owned by LDF, your use of the Material outside the Site is solely for one or more of the following (the “Permitted Purposes”):

Non-commercial research and private study;
Teaching, scholarship and instruction (including distance learning);
Non-commercial print and non-commercial online use;
Criticism, comment or news reporting; or
For people with visual disabilities (See Section 121 of the Copyright Act).
For those Materials not owned by LDF you understand that:
- It is your responsibility to determine whether the way you plan to use the materials falls within the copyright exception of Fair Use.
- For any use outside of Fair Use, it is your responsibility to seek and obtain all required permissions from any existing rights holders.

LDF hereby grants you the right to use LDF owned Materials for the Permitted Purposes without seeking further permission from LDF.

If you publish or redistribute any Materials (including excerpts and quotes), you must include a credit line and/or proper citation to the source of the Material. However, you may not use the name of LDF in any manner which creates any false association between you and LDF or that incorrectly implies any sponsorship or endorsement of you by LDF.

NOTICE: Uses that do not comply with these Terms or that do not fall under Fair Use (or another exception) may make you liable for copyright infringement.

Read the full LDF Archival Collection Terms of Use Here.

I agree to the terms and conditions for use of this content.

If you would like to use this content in other ways, contact us at

Date is approximate.

Impact area
- Political Participation
Topic
- Voting Rights
LDF Attorneys
Cooperating Attorneys
Organizations
Matter
- Mobile v. Bolden
Case
- Mobile v. Bolden
U.S. state
- Alabama
Collection
- Case Files
Identifier
- b809dc73-cdcd-ef11-b8e8-7c1e520b5bae

Cite this item

Case Files, Bolden v. Mobile Hardbacks and Appendices. Order on Motion to Admit Post-Trial Evidence, 1982. b809dc73-cdcd-ef11-b8e8-7c1e520b5bae. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/180d6671-09cb-4a04-a29a-a5042ba03c02/order-on-motion-to-admit-post-trial-evidence. Accessed August 14, 2025.

Copied!

    IN THE UNITED STATES DISTRICT COURT FOR 
THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY L. BOLDEN, et al., 

Plaintiffs, 

y. CIVIL ACTION NO. 75-297-P 

CITY OF MOBILE, ALABAMA, 
et al. 

N
o
’
 

Ne
’ 
N
N
 
N
N
N
 
N
S
S
 

Defendants 

ORDER ON MOTION TO ADMIT POST-TRIAL EVIDENCE 
  

This cause came to be heard on defendants' motions 

to admit post-trial documents and other evidence, which were 

submitted without oral argument on November 4, 1981. The 

evidence sought to be admitted is several articles from a 

local newspaper and a video-cassette recording of a local 

television newscast. These items are offered as rebuttal 

to certain expert witnesses' trial testimony that black 

citizens of Mobile are currently unable to effectively 

participate in the political process, 

The substance of this evidence is hearsay. See 

Fed. R. Evid. 802. Hearsay statements do not become competent 

by reason of the fact that they are printed. This general 

rule has been applied specifically to newspapers and newspaper 

articles. Robert Stiswood Group Lid. v, O'Reilly, 344 F.Supp. 
    

376 (D. Comm. 1972); Persons v, Summers, 151 So. 24 210 

(Ala. 1963). The usual hearsay problems are compounded 

when the evidence is submitted post-trial. See United States 
  

y. Crocker-Anclo National Bank, 277 F.Supp. 133, 133 n. 36 
  

(%.D. Calif. 1967). 

.The authenticity of the articles is not an issue, 

Fed. R. Evid. 902(6), the inherent untrustworthiness and lack 

 



el : Ri ey 

  

of cross-examination are the crux of the matter. 

The video-tape suffers from these same deficiencies, 

  

.Yallot vv. Central Gulf Lines, Ing. 641 F.24 347. 351 (5th 

Cir. Unit A 1981), and no exception to the hearsay rule 

is applicable. Vanston v. Commecticut Cen. Life Ins, Co 
  >? 
  

482 F.2d 337, 344-45 (5th Cir. 1973). The film is therefore 

inadmissible. See Wilson v. Piper Aireraf: Corp., 577 2.24 
  

  

1322, 1329-30 (Ore. 1978) (documentary film). 

It is therefore ORDERED that defendants’ motions 

to admit post-trial evidence are due to be, and are hereby 

Done, at Mobile, Alzbzma, this the LL day of 

1082. 

DENIED. 

He 
ITED STATES DISTRICT JUDGE

Copyright notice

This collection and the tools to navigate it (the “Collection”) are available to the public for general educational and research purposes, as well as to preserve and contextualize the history of the content and materials it contains (the “Materials”). Like other archival collections, such as those found in libraries, LDF owns the physical source Materials that have been digitized for the Collection; however, LDF does not own the underlying copyright or other rights in all items and there are limits on how you can use the Materials. By accessing and using the Material, you acknowledge your agreement to the Terms. If you do not agree, please do not use the Materials.

Additional info

To the extent that LDF includes information about the Materials’ origins or ownership or provides summaries or transcripts of original source Materials, LDF does not warrant or guarantee the accuracy of such information, transcripts or summaries, and shall not be responsible for any inaccuracies.

Order on Motion to Admit Post-Trial Evidence

Impact area

Topic

LDF Attorneys

Cooperating Attorneys

Organizations

Matter

Case

U.S. state

Collection

Identifier

Cite this item

Copyright notice

Additional info

You may also be interested in