Moeller et al v. Taco Bell Corp.

Filing 578

TRIAL RULES AND PROCEDURES. Signed by Judge Phyllis J. Hamilton on 5/10/11. (nah, COURT STAFF) (Filed on 5/10/2011)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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FRANCIE MOELLER, et al.,
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Plaintiff(s),

No. C 02-5849 PJH

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v.

TRIAL RULES
AND PROCEDURES

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TACO BELL CORP.,
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Defendant(s).
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In order to ensure the orderly and efficient presentation of the evidence at trial, the

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parties shall adhere to the following rules and procedures unless specifically ordered otherwise

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by the court.

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1.

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The Case Management and Pretrial Order requires that all exhibits be premarked and

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tabbed, and that at least two sets of the exhibits be submitted prior to the pretrial conference.

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One of these sets of each parties' exhibits will be placed on the witness stand for use by each

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witness during direct and cross-examination.

EXHIBITS

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However, for cases in which the number of exhibits from any party exceed one hundred,

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all parties shall additionally prepare separate binders containing the exhibits that will be used

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during the direct and cross examination of each witness. Binders shall be provided to each

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witness, to opposing counsel and to the court as each witness is called to testify.

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With regard to those exhibits not included in the pretrial exchange (e.g. rebuttal

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exhibits), the parties shall have sufficient copies for the witness, opposing counsel and the

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court at the time of their introduction. Exhibits to be used for demonstrative (illustrative)

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purposes only will not be admitted as evidence and shall be shown to opposing counsel at

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least 24 hours prior to their use at trial. Exhibits about which no testimony is elicited at trial,

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will not be admitted as evidence.

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2.

WITNESSES

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(a)

Counsel shall have their witnesses review, prior to taking the stand, all exhibits

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which counsel intends to question the witness about during direct examination.

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(b)

Only one lawyer for each party may examine any one witness.

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(c)

Counsel shall not approach a witness without first obtaining leave of court.

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(d)

Counsel shall refrain from eliciting testimony regarding undisputed facts set forth

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in the parties' Pretrial Statement(s). If the case is being tried before a jury, the court will read

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the undisputed facts from the Pretrial Statement(s) at the appropriate time as determined by

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counsel.

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(e)

If counsel intends to have a witness either draw diagrams, or put markings on

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visual exhibits or diagrams prepared by the party calling the witness, the witness shall do so

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before taking the stand. Once on the stand, the witness shall adopt the diagrams and/or

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markings and explain what they represent. If the diagram or visual exhibit is prepared by the

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opposing party, the witness shall not make any markings on the diagram or exhibit unless

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requested to do so by the opposing party.

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(f)

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

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Any gaps in trial time occasioned by the failure to have a witness ready shall be counted

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toward the party's allocated trial time in cases where the parties have been allocated a specific

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amount of trial time pursuant to Fed. R. Civ. Pro. 16(c)(15) and General Signal v. MCI

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Telecommunications Corp., 66 F. 3d 1500 (9th Cir. 1995). Counsel are expected to cooperate

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with each other in the scheduling and production of witnesses. Witnesses may be taken out

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of order if necessary. Every effort shall be made to avoid calling a witness twice.

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(g)

When the court recesses each day, counsel shall inform opposing counsel of

which witnesses counsel intend to call during the next trial day.

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3.

DEPOSITIONS

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The deposition of an adverse party may be used for any purpose. The deposition of a

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witness not a party may be used for impeachment or if the witness is unavailable as described

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in Fed. R. Civ. P. 32(a)(3). If the deposition is being used for impeachment, it is

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unnecessary to ask the witness if he/she recalls the testimony or otherwise lay a foundation.

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Simply identify the deposition, page and line numbers--so that opposing counsel may review

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the deposition to determine if the identified excerpt is in fact impeaching--and read the relevant

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portion. 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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If a deposition is introduced because a witness or party is unavailable, do not offer the

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deposition wholesale; rather, counsel shall only offer copies of the relevant portions of the

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transcript, which may be read into the record at jury trials or may be submitted to the court for

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its review at court trials. If submitted to the court for review, the submission shall be made

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jointly and the excerpts selected by each party shall be highlighted in a different color.

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4.

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," "irrelevant"). There shall be no "speaking objections" or argument from

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either counsel unless requested by the court.

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5.

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Bench conferences during jury trials will be permitted only for truly extenuating

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circumstances. All matters of substantial evidentiary importance must be raised by motion in

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limine so that they may be resolved prior to trial. Disputes regarding witnesses or exhibits will

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be resolved, to the extent possible, at the pretrial conference. Any other disputes will be

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addressed either before the trial day commences, during a recess, or at the end of the trial

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day. Counsel are expected to assist the court in ensuring that there is a minimum amount of

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"down time" for the jury. Trial hours will be between 8:30 a.m. and 1:30 p.m. with two fifteen

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minute breaks, unless otherwise ordered by the court.

SIDEBARS

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6.

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After trial commences, no written motions shall be filed except with leave of court.

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IT IS SO ORDERED.

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MOTIONS

Dated: May 10, 2011

______________________________
PHYLLIS J. HAMILTON
United States District Judge

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