State ex rel. Fant v. Sykes

Appellant urges that the referee was duty bound under Civ. R. 53 and Evid. R. 614 to require appellee to produce the necessary documentation to support appellant’s claim that the original lists furnished by appellee were illegible. The foregoing rules cited by appellant include the discretionary word “may.” Thus, appellant’s contention must fail.

Appellant’s primary contention should have been more appropriately directed to the accuracy of the referee’s conclusion that there was insufficient proof to establish that the original lists in question submitted by the appellee were illegible.…