I have the second list, but I don't have the proof of service for that document. I'm looking, judge, but I don't seem to have one. Well, then, Mr. Whalen appears to be correct, at least on first blush. You know, a proof of service is, can be, a fairly important document. It's an affidavit, made under oath, that certain things were served on someone.
Judges tend to take that affidavit at face value.
If there were a proof of service here in the file, I would say to Mr. Whalen, well, you may not have the document with you today, but here's an affidavit saying it was served on you, let's proceed. But now, I have to say just the opposite. Mr. Whalen says he didn't get this document, and there's no proof of service saying he did. That means that you, Miss Joplin, have told me, the court, by virtue of your filing your witness list, that you intend to call this witness, but you haven't told Mr. Whalen that you intend to call this witness, because nobody delivered that amended list to Mr. Whalen. If you haven't advised Mr. Whalen that this man is going to testify then he's not going to testify.