Hill v. Star et al

Filing 186

ORDER setting trial rules and procedures. Signed by Judge Thelton E. Henderson on 05/28/2015. (tehlc1, COURT STAFF) (Filed on 5/28/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TION ALONZO HILL,
Plaintiff,

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v.

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JOSHUA ARNOLD, et al.,

Case No. 09-cv-05434-TEH
ORDER SETTING TRIAL RULES
AND PROCEDURES

Defendants.

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To ensure the orderly and efficient presentation of evidence at trial, the parties shall

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United States District Court
Northern District of California

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adhere to the following rules and procedures unless specifically ordered otherwise by the

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Court.

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1. EXHIBITS

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Before the first witness is called to testify, the parties shall identify and provide to

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the Court a list of all exhibits to which there is no objection regarding their admission into

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evidence. Such exhibits shall then be formally admitted into evidence at that time. When

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the Court recesses each day, counsel shall inform opposing counsel of which exhibits, if

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any, they intend to introduce during the next trial day. If any such exhibits are still

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objected to, counsel shall immediately notify the Court. The Court will then schedule an

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early conference, prior to the starting time of the next trial day, to resolve the dispute.

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2. WITNESSES

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(a) Counsel are expected to have sufficient witnesses ready to testify each trial day.

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In cases where the parties have been allocated a specific amount of trial time, any delays

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caused by the failure to have sufficient witnesses ready shall be counted toward that

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party’s allocated time. Counsel are expected to cooperate with each other in the

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scheduling and production of witnesses. Witnesses may be taken out of order if necessary.

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Every effort should be made to avoid calling a witness twice (as an adverse witness and

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later as a party’s witness).

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(b) Only one lawyer for each party may examine any single witness.

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(c) If a witness is testifying at the time of a recess or adjournment and has not been

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excused, the witness shall be seated back on the stand when the Court reconvenes. If a

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new witness is to be called immediately following recess or adjournment, the witness

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should be seated in the front row, ready to be sworn in.

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(d) Counsel shall refrain from eliciting testimony regarding undisputed facts set
forth in the parties’ joint pretrial conference statement. If the case is being tried before a
jury, the Court may read to the jury such undisputed facts at appropriate points in the trial.

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United States District Court
Northern District of California

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(e) Counsel are instructed to have their witnesses review, prior to taking the stand,

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all exhibits the counsel intends to question the witness about during direct examination.

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(f) Immediately before each new witness takes the stand, counsel calling the

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witness shall place on the witness stand a clearly marked copy of each exhibit that counsel

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expects to have the witness refer to during his or her direct examination. Immediately

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before beginning cross-examination, counsel conducting cross-examination shall do the

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same with any additional exhibits to be referenced on cross.

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(g) The deposition of an adverse party may be used for any purpose. It is

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unnecessary to ask the witness if s/he “recalls” it or otherwise lay a foundation. Counsel

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need only identify the deposition and page and line numbers and read the relevant portion.

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Opposing counsel may then immediately ask to read any additional testimony that is

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necessary to complete the context.

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(h) The deposition of a non-party witness may be used for impeachment or if the

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witness has been shown to be unavailable. For impeachment, counsel shall first allow the

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witness to read to him- or herself the designated portion; then ask simply if the witness

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gave that testimony; and then read the testimony into the record. Opposing counsel may

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immediately ask to read additional testimony that is necessary to complete the context. If a

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deposition is introduced because a witness is unavailable, counsel shall offer only relevant

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portions of the deposition and may not offer the deposition wholesale.

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(i) When the Court recesses each day, counsel shall inform opposing counsel of
which witnesses they intend to call during the next trial day.

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3. OBJECTIONS

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To make an objection, counsel shall rise, say “objection,” and briefly state the legal

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ground (e.g., “hearsay” or “irrelevant”). There shall be no “speaking objections” or

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argument from either counsel unless requested by the Court.

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United States District Court
Northern District of California

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4. SIDEBARS

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Bench conferences, or the equivalent of “sidebars,” will not be permitted absent

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truly extenuating circumstances. Disputes regarding exhibits shall be resolved as set forth

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in paragraph 1 above. Any other disputes or problems should be addressed either before

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the trial day commences, at the end of the trial day, or during a recess, if necessary.

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IT IS SO ORDERED.

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Dated: 05/28/15

_____________________________________
THELTON E. HENDERSON
United States District Judge

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