Conditional Motion to Strike the Affidavits of Roy Cooper and Edwin McMahan with Certificate of Service

Public Court Documents
March 23, 1998

Cite this item
Conditional Motion to Strike the Affidavits of Roy Cooper and Edwin McMahan with Certificate of Service preview

3 pages

Cite this item

  • Case Files, Cromartie Hardbacks. Conditional Motion to Strike the Affidavits of Roy Cooper and Edwin McMahan with Certificate of Service, 1998. 5d6e58f5-eb0e-f011-9989-7c1e5267c7b6. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a973d6bf-e0cd-4eba-a678-39dd7131d6e7/conditional-motion-to-strike-the-affidavits-of-roy-cooper-and-edwin-mcmahan-with-certificate-of-service. Accessed November 19, 2025.

    Copied!

    UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF NORTH CAROLINA 

RALEIGH DIVISION 

Civil Action No. 4.96-CV-104-BO(3) 

MARTIN CROMARTIE, et al., 

Plaintiffs, 

CONDITIONAL MOTION TO STRIKE 

THE AFFIDAVITS OF 

ROY COOPER, III AND 

EDWIN McMAHAN 

VS. 

JAMES B. HUNT, JR., in his official capacity 

as Governor of the State of North Carolina, 

etal. 

N
r
’
 

N
e
 

N
e
 

N
w
’
 

N
a
 

N
a
 

N
a
’
 

N
a
’
 

Defendants. 
  

Plaintiffs respectfully show that Defendants have moved to strike the affidavit of John 

Weatherly submitted by Plaintiffs. In support thereof, Defendants have contended that his 

statements as a legislator, with respect to the intent of a statute, are inadmissible under North 

Carolina law. In support of that contention they have cited several precedents. Plaintiffs submit 

that, if accepted, the same argument would render inadmissible the affidavits offered by Senator 

Cooper and Representative McMahan; 

WHEREFORE, Plaintiffs move that, in the event that the Court decides to grant 

Defendants’ motion to strike.Weatherly’s affidavit, the Court also strike the affidavits of Cooper 

and McMahan. 

Respectfully submitted, this the 23rd day of March, 1998. 

Clin O Lets, yr 
Robinson O. Everett / 

Everett & Everett 

N.C. State Bar No.: 1385 

As Attorney for the Plaintiffs 

P.O. Box 586 

Durham, NC 27702 

Telephone: (919)-682-5691 

   



  

Williams, Boger, Grady, Davis & Tittle, P.A. 

by: PLT ~ ye tle   

¥lartin B. McGee 

State Bar No.: 22198 

Attorneys for the Plaintiffs 

P.O. Box 810 

Concord, NC 28026-0810 

Telephone: (704)-782-1173 

 



CERTIFICATE OF SERVICE 

I certify that I have this the 23" day of March served the foregoing Conditional Motion to 
Strike on the Defendants by mailing them a copy thereof, postage pre-paid, to the following 
addresses: 

Mr. Edwin M. Speas, Jr., Esq. 

Senior Deputy Attorney General 

North Carolina Department of Justice 

P.O. Box 629 

Raleigh, NC 27602 

Ms. Anita Hodgkiss 

Ferguson, Stein, Wallas, Adkins, Gresham, Sumter, P.A. 

as 

Suite 300 

Charlotte, NC 28204 

Mértin B. lo 2 

Plaintiff for the Attorneys

Copyright notice

© NAACP Legal Defense and Educational Fund, Inc.

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.