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UNITED STATES OF AMERICA, Plaintiff, v. PHILIP MORRIS USA INC., f/k/a PHILIP MORRIS INC., et al., Defendants.

ORDER #671

GLADYS KESSLER, District Judge

This matter is now before the Court on the Government's motion to admit all exhibits mentioned in and associated with Mr. Allan Stevens' testimony in this case. Joint Defendants object to approximately 101 exhibits, the vast majority of which relate to CTR Special Projects and Special Account Research, claiming that no foundation has been laid to support their admission.

Most of Joint Defendants' objections claim a lack of foundation. As the Court has explained on numerous occasions in this case, an exhibit need only be relevant, authentic, and not hearsay (or subject to a hearsay objection), to satisfy foundational requirements. The exhibits related to Mr. Stevens' testimony meet all three criteria. Defendants do not object to the relevance or authenticity of these documents. Moreover, the exhibits are clearly relevant to Mr. Stevens' testimony which discussed at great length CTR and the related Special Projects. Thus, a proper foundation has been laid for admission of these exhibits, and Joint Defendants' objections are overruled.

Any remaining objections by Defendants as to exhibits related to Mr. Stevens' testimony are also overruled.

IT IS SO ORDERED.

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U.S. v. PHILIP MORRIS USA INC
(Oct 1, 2004)