Bryan Pringle v. William Adams Jr et al
Filing
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ORDER ON JURY TRIAL by Judge Josephine Staton Tucker: Final Pretrial Conference:February 13, 2012 at 1:30 p.m.; Exhibit Conference February 24, 2012 at 3:00 p.m.; Trial: February 28, 2012 at 9:00 a.m. (See document for details.) (rla)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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BRYAN PRINGLE,
Plaintiffs,
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v.
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WILLIAM ADAMS, JR., et al.,
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Defendants.
Case No. SACV 10-1656 JST (RZx)
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ORDER ON JURY TRIAL
Final Pretrial Conference:
February 13, 2012
at 1:30 p.m.
Exhibit Conference
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February 24, 2012
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at 3:00 p.m.
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Trial:
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February 28, 2012
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at 9:00 a.m.
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A. SCHEDULING:
1. In General: The last day for hearing on any motion to join other parties or to
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amend the pleadings shall be specified in the Scheduling Order. All unserved parties
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shall be dismissed no later than the date set for the Final Pretrial Conference.
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2. Motions for Summary Judgment or Partial Summary Judgment: Motions
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for Summary Judgment or Partial Summary Judgment shall be heard no later than the last
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day for hearing motions, as set forth in the Scheduling Order.
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3. Settlement Procedures: It is the policy of the Court to encourage disposition
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of civil litigation by settlement when such is in the best interest of the parties. The Court
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favors any reasonable means to accomplish this goal. All settlement discussions shall be
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conducted in compliance with Local Rule 16-15. Consistent with Local Rule 16-15.2, the
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Scheduling Order establishes a deadline for participation in settlement proceedings. The
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parties must elect one of the settlement procedures outlined in Local Rule 16-15.4. Note,
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however, that the parties may not choose a settlement conference before the magistrate
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judge. If the parties do not timely file a Notice of Settlement Procedure Selection, the
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Court may order the parties to participate in any of the settlement procedures set forth in
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the Local Rule.
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4. Discovery Cut-Off: The Scheduling Order establishes a cut-off date for
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discovery in this action. This is not the date by which discovery requests must be served;
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it is the date by which all discovery is to be completed. The Court will not approve
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stipulations between counsel that permit responses to be served after the cut-off date
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except in extraordinary circumstances.
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5. Discovery Motions: Any motion respecting the inadequacy of responses to
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discovery must be filed and served not later than ten (10) days after the discovery cut-off
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date. Whenever possible, the Court expects counsel to resolve discovery problems among
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themselves in a courteous, reasonable, and professional manner. The Court expects that
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counsel will strictly adhere to the Civility and Professional Guidelines adopted by the
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United States District Court for the Central District of California.
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6. Expert Discovery: The above discovery cut-off date includes expert
discovery, unless otherwise ordered by the Court.
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B. FINAL PRETRIAL CONFERENCE:
This case has been placed on calendar for a Final Pretrial Conference pursuant to
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Fed. R. Civ. P. 16. Strict compliance with the requirements of the Federal Rules of Civil
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Procedure and the Local Rules is mandatory. Counsel will lodge carefully prepared
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Memoranda of Contentions of Fact and Law (which may also serve as the trial briefs) and
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a Final Pretrial Conference Order in accordance with the provisions of Local Rules 16-4
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and 16-7. The Memoranda of Contentions of Fact and Law will be served no later than
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twenty-one (21) calendar days before the Pretrial Conference. The Final Pretrial
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Conference Order will be lodged no later than eleven (11) calendar days before the
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Pretrial Conference. The form of the Final Pretrial Conference Order will be in
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conformity with the form set forth in Appendix A to the Local Rules.
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C. PREPARATION FOR TRIAL AND SCHEDULING EXHIBIT CONFERENCE
FRIDAY BEFORE TRIAL
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The Court ORDERS that all counsel comply with the following in their
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preparation for trial:
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1. Motions In Limine: All motions in limine will be heard at the Pretrial
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Conference. The purpose of these motions is to alert the Court to significant evidentiary
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issues that can be addressed and resolved prior to trial. All motions in limine must be
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filed and served in compliance with Local Rule 6-1. Opposition papers must be filed and
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served in compliance with Local Rule 7-9. Reply papers must be filed and served in
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compliance with Local Rule 7-10.
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2. Statement of the Case (Jury Trials): Counsel will prepare a joint statement of
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the case which will be read by the Court to the prospective panel of jurors prior to the
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commencement of voir dire. The statement should not be more than two or three
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paragraphs. The statement will be filed with the Court five (5) court days before the
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Pretrial Conference.
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3. Voir Dire (Jury Trials): At least five (5) court days before the Pretrial
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Conference, each counsel shall file with the Court any special questions requested to be
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put to prospective jurors on voir dire.
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4. Witness Lists: A witness list will be prepared in compliance with Local Rule
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16-5. The witness list will be filed no later than five (5) court days prior to the Pretrial
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Conference. Counsel will submit the names of the witnesses in the order that they are
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expected to testify, and provide, to the extent possible, an accurate estimate of the time
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needed for each witness for direct, cross, redirect and re-cross. Counsel will also provide
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a brief summary of each witness’ testimony. If more than one witness is offered on the
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same subject, the summary should be sufficiently detailed to allow the Court to determine
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if the testimony is cumulative.
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5. Jury Instructions (Jury Trials): In a jury trial, jury instructions are to be filed
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no later than five (5) court days prior to the Pretrial Conference. The parties must submit
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joint jury instructions. The parties will meet and confer sufficiently in advance of the
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required submission date, in order to prepare the joint jury instructions. The instructions
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should be submitted in the order in which the parties wish to have the instructions read.
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This order should reflect a single organized sequence agreed to by all of the parties.
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In the event that agreement cannot be reached, counsel will submit three (3) sets of
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instructions (with an extra set for the Court’s law clerks) in the following format: (1) the
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agreed upon instructions; (2) the instructions proposed by plaintiff and opposed by
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defendant; and (3) the instructions proposed by defendant and opposed by plaintiff. In
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addition, counsel must submit electronic versions (in Word format) to the Court at the
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following email address: JST_Chambers@cacd.uscourts.gov. Instructions upon which
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agreement cannot be reached should reflect the basic disagreements among the parties as
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to the law. For disputed instructions, a party should note its objections to a proposed
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instruction and its reasons for putting forth its alternative on pages placed after its own
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alternative instruction.
6. Special Verdict in Jury Trials: At least five (5) court days prior to the Pretrial
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Conference, each counsel shall file with the Court any requested special verdict forms.
7. Exhibits and Exhibit Conference:
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a.
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Exhibit List: A joint exhibit list will be prepared in compliance
with the example below and Local Rule 16-6.
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JOINT EXHIBIT LIST
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Case Name:
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Case Number:
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No. of
Exhibit
Description
Stip. to
Authen.
Stip. to
Admiss.
Date
Identified
Date
Admitted
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The joint exhibit list will contain the information required by F.R.Civ.P.
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26(a)(3)(A). The joint exhibit list will be filed no later than five (5) court days prior to
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the Pretrial Conference. In order to produce the joint exhibit list, the parties will meet and
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confer sufficiently in advance of the required submission date. As part of the meet and
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confer process, counsel will stipulate so far as is possible as to foundation, waiver of the
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best evidence rule, and to those exhibits which may be received into evidence at the start
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of trial. The exhibits to be so received will be noted on the extra copies of the exhibit
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lists.
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b.
Exhibit Preparation: All exhibits will be placed in loose leaf
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binders which are tabbed down the right side with exhibit numbers. The spine of the
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notebook is to be marked with the case name and number and the numbers of the exhibits
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contained therein. The notebooks are to be prepared with an original for the Clerk, which
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will be tagged with the appropriate exhibit tags in the upper right-hand corner of the first
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page of each exhibit, and one copy for the Court. Each notebook will contain a list of the
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included exhibits. The exhibits are to be numbered in accordance with Local Rule 26-3.
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c.
Exhibit Conference: AN EXHIBIT CONFERENCE REQUIRING
THE ATTENDANCE OF TRIAL COUNSEL WILL BE HELD AT 3:00 P.M. ON THE
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FRIDAY BEFORE THE SCHEDULED TRIAL DATE IN COURTROOM 10A,
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UNLESS THE COURT ORDERS OTHERWISE. Exhibits are to be submitted to the
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Courtroom Deputy Clerk at the time of the exhibit conference.
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8. Findings of Fact and Conclusions of Law (Court Trials): For any matter
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requiring findings of fact and conclusions of law, counsel for each party shall lodge and
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serve proposed findings of fact and conclusions of law as promptly as possible in
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compliance with Local Rule 52. In addition, counsel must submit electronic versions (in
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Word format) to the Court at the following email address:
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JST_Chambers@cacd.uscourts.gov.
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D. ATTORNEY AND PARTY CONDUCT AT TRIAL:
1. Trial Schedule: Unless otherwise ordered, trials will be held on Tuesdays
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through Thursdays from 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m. with a
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15-minute break during each session, and on Fridays from 8:00 a.m. to 2:00 p.m. with
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two 15-minute breaks and no lunch recess.
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2. Trial Conduct:
a.
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Opening Statements, Examining Witnesses, and Summation
1. At the end of each day, counsel presenting his or her case shall
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advise opposing counsel of the witnesses anticipated the following day with an estimate
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of the length of direct examination. Opposing counsel shall provide an estimate of the
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length of cross-examination. Cooperation of counsel will ensure a smooth flow of
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witnesses. It is the responsibility of all counsel to arrange the appearance of witnesses in
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order to avoid delay.
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2. Opening statements, examination of witnesses, and summation
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will be from the lectern only. Counsel must not consume time by writing out words or
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drawing charts or diagrams. Counsel may do so in advance and explain that the item was
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prepared earlier as ordered by the Court to save time.
3. The Court will honor reasonable time estimates for opening and
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closing addresses to the jury.
4. In jury trials, where a party has more than one lawyer, only one
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may conduct the direct or cross-examination of a given witness.
5. If a witness is on the stand when a recess is taken, it is counsel’s
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duty to have the witness back on the stand, ready to proceed, when the court session
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resumes.
6. If a witness was on the stand at adjournment, it is counsel’s duty
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to have the witness adjacent to, but not on, the stand, ready to proceed when the court
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session resumes.
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7. It is counsel’s duty to notify the Courtroom Deputy Clerk in
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advance if any witness should be accommodated by use of the witness stand’s automated
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platform to accommodate witnesses who otherwise are unable to take the witness stand.
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8. The Court attempts to accommodate physicians, scientists, and all
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other professional witnesses and will, except in extraordinary circumstances, permit them
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to testify out of sequence. Counsel must anticipate any such possibility and discuss it
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with opposing counsel. If there is objection, counsel shall confer with the Court in
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advance.
b.
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Objections and General Decorum
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1. When objecting, counsel must rise to state the objection and state
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only that counsel objects and the legal ground of objection. If counsel wishes to argue an
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objection further, counsel must ask for permission to do so; the Court may or may not
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grant a request for conference at sidebar. The Court strongly discourages sidebars
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because they represent an inefficient use of jury time when matters can be anticipated.
2. Counsel must not approach the Clerk or the witness stand without
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specific permission. When permission is given, please return to the lectern when the
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purpose of the permission is finished. Counsel must not engage in questioning a witness
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at the witness stand.
3. Counsel must address all remarks to the Court. Counsel are not to
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address the Clerk, the Reporter, persons in the audience, or opposing counsel. If counsel
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wishes to speak with opposing counsel, counsel must ask permission to talk off the
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record. Any request for the re-reading of questions or answers shall be addressed to the
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Court.
4. Counsel must not make an offer of stipulation unless counsel has
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conferred with opposing counsel and has reason to believe the stipulation will be
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acceptable.
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5. It is counsel’s duty of the first day of trial to advise the Court of
any commitments that may result in counsel’s absence or late arrival.
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c.
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1. Each counsel should keep counsel’s own list of exhibits and
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Exhibits
should keep track when each has been admitted in evidence.
2. Each counsel is responsible for any exhibits that counsel secures
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from the Clerk and, during all recesses and noontime and afternoon adjournments,
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counsel must return all exhibits in counsel’s possession to the Clerk.
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3. An exhibit not previously marked should, at the time of its first
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mention, be accompanied by a request that the Clerk mark it for identification. To save
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time, counsel must show a new exhibit to opposing counsel before it is mentioned in
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Court.
4. Counsel should move exhibits into evidence as soon as
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admissibility is established, while they are freshly in the minds of all participants. If there
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is an objection, the motion to admit will be dealt with at the next available recess. In jury
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trials, no exhibit shall be read or displayed to the jury until admitted.
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5. Absent unusual circumstances, counsel must not ask witnesses to
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draw charts or diagrams nor ask the Court’s permission for a witness to do so. If counsel
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wishes to question a witness in connection with graphic aids, the material must be fully
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prepared before the court session starts.
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d.
Depositions:
1. All depositions that will be used in the trial, either as evidence or
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for impeachment, must be signed and lodged with the Clerk on the first day of trial or
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such earlier date as the Court may order. For any deposition in which counsel is
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interested, counsel should check with the Clerk to confirm that the Clerk has the
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transcript and that the transcript is properly signed.
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2. In using depositions of an adverse party for impeachment,
counsel shall first announce both the beginning and ending page and line references of the
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passage desired to be read, and allow opposing counsel an opportunity to state any
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objection. Counsel shall use either of the following procedures:
3. If counsel wishes to read the questions and answers as alleged
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impeachment and ask the witness no further questions on that subject, counsel may
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merely read the relevant portions of the deposition into the record.
4. If counsel wishes to ask the witness further questions on the
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subject matter, the deposition is placed in front of the witness and the witness is told to
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read silently the pages and lines involved. Then counsel may either ask the witness
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further questions on the matter and thereafter read the quotations or read the quotations
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and thereafter ask further questions. Counsel should have an extra copy of the deposition
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for this purpose.
5. Where a witness is absent and the witness’ testimony is offered
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by deposition, please observe the following procedure. A reader should occupy the
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witness chair and read the testimony of the witness while the examining lawyer asks the
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questions.
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e.
Advance Notice of Evidentiary or Difficult Questions
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If counsel has reason to anticipate that a difficult question of law or
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evidence will raise legal argument, requiring research and/or briefing, counsel must give
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the Court advance notice. Counsel are directed to notify the Clerk at the day’s
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adjournment if an unexpected legal issue arises that could not have been foreseen and
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addressed by a motion in limine (see Fed. R. Evid. 103). To the maximum extent possible
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such matters shall be taken outside normal trial hours (e.g., recess, before or after the trial
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day).
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The Clerk is ordered to serve a copy of this Order on counsel/parties in this
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action.
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IT IS SO ORDERED.
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DATED:
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February 24, 2011
____________________________
JOSEPHINE STATON TUCKER
United States District Judge
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