Dugard v. United States of America

Filing 93

ORDER re: Civil Pretrial Instructions. Signed by Judge Carlos T. Bea on 04/08/2013. (rbe, COURT STAFF) (Filed on 4/8/2013)

Civil Pretrial Instructions
Standing Order for
Circuit Judge Carlos T. Bea
(Revised April 8, 2013)
A.

Meet and Confer
At least forty-two (42) days prior to the final pretrial conference, lead counsel who will

try the case shall meet and confer regarding the following:
•

Preparation and content of the joint pretrial conference statement, see Part B,
infra;

•
•
B.

Preparation and exchange of pretrial materials, see Part C, infra; and
Settlement of the action.

Joint Pretrial Conference Statement
At least twenty-one (21) days prior to the final pretrial conference, the parties shall file a

joint pretrial conference statement. The statement shall contain the following information:
1.

The Action.
a.

Substance of the Action. A brief description of the substance of claims
and defenses which need to be decided.

b.

Relief Prayed. A statement of all relief sought, particularly itemizing all
damages claimed.

2.

Factual Basis of the Action.
a.

Undisputed Facts. A list of all undisputed facts, i.e., all facts to which
the parties will stipulate for incorporation into the trial record without
the necessity of supporting testimony or exhibits.

b.

Disputed Factual Issues. A list of all factual issues that remain to be tried.

3.

Disputed Legal Issues. Without extended legal argument, a concise statement
of each disputed point of law concerning liability or relief, citing supporting
statutes and decisions.

4.

Estimate of Trial Time. An estimate of the number of hours requested for the
presentation of each party’s case as a whole, and broken down by each witness
for direct and cross examination, opening and closing argument, etc.

5.

Trial Alternatives and Options.
a.

Settlement Discussion. A statement summarizing the status of settlement
negotiations and indicating whether further negotiations are likely to be
productive.

b.

Consent to Trial Before a Magistrate Judge. A statement whether
reference of all or part of the action to a master or magistrate judge is
feasible, including whether the parties consent to a court or jury trial
before a magistrate judge, with appeal directly to the Ninth Circuit.

c.

Amendments or Dismissals. A statement of requested or proposed
amendments to pleadings or dismissals of parties, claims, or defenses.

d.

Bifurcation or Separate Trial of Issues. A statement of whether
bifurcation or a separate trial of specific issues is feasible and desired.

6.

Witnesses. The following information should be provided as an appendix to the joint
pretrial conference statement. For each party, a list of all witnesses likely to be called
at trial, including those appearing by deposition. For each witness, there should be a
short statement of the substance of his or her testimony and an estimate of the length
of testimony (including direct and cross- examination). If the witness is an

expert witness, the short statement should clearly state the expert’s theories and
conclusions and the bases therefore; in addition, the expert’s curriculum vitae and
report (if any) should be attached. If there are objections to a witness’s testimony,
whether in whole or in part, that or those objections should be raised through a motion
in limine. For objections to deposition testimony, see Part B.8, infra.
7.

Exhibits. The following information should be provided as an appendix to the joint
pretrial conference statement.
a.

A joint exhibit list in tabular form, with (a) a brief description of the exhibit,
including for what purpose the party will offer the exhibit and identifying its
sponsoring witness; (b) any objections to the exhibit; (c) any response; and
(d) a blank section for the Court’s use. Before this list is filed with the Court,
the parties shall meet and confer, in person, to consider exhibit numbers, to
eliminate duplicate exhibits and confusion over exhibits, and to make a good
faith effort to stipulate to admissibility. If stipulation is not possible, the
parties shall consider whether to stipulate to authenticity and foundation.

b.

In addition to the above, a joint statement in which each party identifies the
opposing party’s exhibits for which the identifying party seeks rulings on
objections in advance of trial. A party may identify an exhibit that it believes
is critical to the case (if admitted or if not admitted) or an exhibit that it
believes is representative of other exhibits such that the identified exhibit will
provide a bellwether as to how the Court will rule on other exhibits.

8.

Use of Discovery Responses. The following information should be provided as
an appendix to the joint pretrial conference statement. Excerpts of interrogatory
responses, responses to requests for admission, and deposition testimony (with
specific line references identified) that each party intends to present at trial. If there
are objections to the use of written responses, the parties should include a joint
memorandum that briefly states the objecting party’s objection and the opposing
party’s response. If there is an objection to the general subject matter of a deponent’s
testimony, the objection should be made through a motion in limine. If specific
objections were made during the deposition that are still in need of a Court ruling, the
parties should include a joint memorandum that identifies the deposition testimony at
issue and that briefly states the objecting party’s objection (including any counterdesignation) and the opposing party’s response (including any counter-designation).
The Court expects the parties to meet and confer in good faith in the attempt to resolve
those specific objections regarding deposition testimony before any memorandum
regarding objections are filed.

C.

Pretrial Matters
At least twenty-one (21) days prior to the final pretrial conference, the parties shall file

the following pretrial materials.
1.

Motions in Limine. The following procedure should be used with respect to

motions in limine. At least thirty-five (35) days before the final pretrial conference, serve – but
do not file – the moving papers. At least twenty-eight (28) days before the conference, serve –
but do not file – the oppositions. When the oppositions are received, the moving party should

collate the motion and opposition together, back to back, and then file the paired sets (each set
under separate cover) at least twenty-one (21) days prior to the conference.
Each motion in limine should address a single topic and contain no more than seven
pages of briefing per side. Reply briefs are not permitted. Usually, each party or side should not
need to file more than five motions in limine. Each party shall number its motions in limine in
order of importance, the first being the most important.
2.

Proposed Findings of Fact and Conclusions of Law. In a bench trial, each

party or side shall submit proposed findings of fact and conclusions of law.
3.

Exhibits. The parties shall submit two sets of all exhibits. Exhibits are not to be

filed but rather shall be submitted to chambers. Exhibits must be tagged. Exhibits shall be
three-hole punched on the left side and shall be submitted in binders. Sample tags are attached
as Exhibit A hereto.
4.

Trial Brief. Each party shall submit a trial brief not to exceed 15 pages absent

court order. A trial brief is most helpful to the Court when it: (1) summarizes the party’s theory
of the case, (2) identifies key evidence, and (3) provides summary briefing on any controlling
issues of law.

IT IS SO ORDERED.
DATED: April 8, 2013

/s/ Carlos T. Bea
Hon. Carlos T. Bea, Circuit Judge

Exhibit A
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

TRIAL EXHIBIT NO.

TRIAL EXHIBIT NO.

TRIAL EXHIBIT NO.

Date
Admitted:

Date
Admitted:

Date
Admitted:

By:

By:

By:

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

TRIAL EXHIBIT NO.

TRIAL EXHIBIT NO.

TRIAL EXHIBIT NO.

Date
Admitted:

Date
Admitted:

Date
Admitted:

By:

By:

By:

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

TRIAL EXHIBIT NO.

TRIAL EXHIBIT NO.

TRIAL EXHIBIT NO.

Date
Admitted:

Date
Admitted:

Date
Admitted:

By:

By:

By:

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