Pooshs v. Phillip Morris USA, Inc., et al.

Filing 283

TRIAL RULES AND PROCEDURES. Signed by Judge Phyllis J. Hamilton on 11/29/12. (nah, COURT STAFF) (Filed on 11/29/2012)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 NIKKI POOSHS, 5 Plaintiff(s), No. C 04-1221 PJH 6 v. TRIAL RULES AND PROCEDURES 7 PHILLIP MORRIS USA, INC., et al., 8 9 Defendant(s). _______________________________/ In order to ensure the orderly and efficient presentation of the evidence at 11 For the Northern District of California United States District Court 10 trial, the parties shall adhere to the following rules and procedures unless specifically 12 ordered otherwise by the court. 13 1. EXHIBITS 14 The Case Management and Pretrial Order requires that all exhibits be premarked 15 and tabbed, and that at least two sets of the exhibits be submitted prior to the pretrial 16 conference. One of these sets of each parties' exhibits will be placed on the witness stand 17 for use by each witness during direct and cross-examination. 18 However, for cases in which the number of exhibits from any party exceed one 19 hundred, all parties shall prepare separate binders containing the exhibits that will be used 20 during the direct and cross examination of each witness. Binders shall be provided to each 21 witness, to opposing counsel and to the court as each witness is called to testify. 22 With regard to those exhibits not included in the pretrial exchange (e.g. rebuttal 23 exhibits), the parties shall have sufficient copies for the witness, opposing counsel and the 24 court at the time of their introduction. Exhibits to be used for demonstrative (illustrative) 25 purposes only will not be admitted as evidence and shall be shown to opposing counsel at 26 least 24 hours prior to their use at trial. Exhibits about which no testimony is elicited at trial, 27 will not be admitted as evidence. 28 1 2. WITNESSES 2 (a) Counsel shall have their witnesses review, prior to taking the stand, all 3 exhibits which counsel intends to question the witness about during direct examination. 4 (b) Only one lawyer for each party may examine any one witness. 5 (c) Counsel shall not approach a witness without first obtaining leave of court. 6 (d) Counsel shall refrain from eliciting testimony regarding undisputed facts set 7 forth in the parties' Pretrial Statement(s). If the case is being tried before a jury, the court 8 will read the undisputed facts from the Pretrial Statement(s) at the appropriate time as 9 determined by counsel. (e) If counsel intends to have a witness either draw diagrams, or put markings on 11 For the Northern District of California United States District Court 10 visual exhibits or diagrams prepared by the party calling the witness, the witness shall do 12 so before taking the stand. Once on the stand, the witness shall adopt the diagrams and/or 13 markings and explain what they represent. If the diagram or visual exhibit is prepared by 14 the opposing party, the witness shall not make any markings on the diagram or exhibit 15 unless requested to do so by the opposing party. 16 (f) Counsel are expected to have sufficient witnesses ready to testify each trial 17 day. Any gaps in trial time occasioned by the failure to have a witness ready shall be 18 counted toward the party's allocated trial time in cases where the parties have been 19 allocated a specific amount of trial time pursuant to Fed. R. Civ. Pro. 16(c)(15) and General 20 Signal v. MCI Telecommunications Corp., 66 F. 3d 1500 (9th Cir. 1995). Counsel are 21 expected to cooperate with each other in the scheduling and production of witnesses. 22 Witnesses may be taken out of order if necessary. Every effort shall be made to avoid 23 calling a witness twice. 24 25 (g) When the court recesses each day, counsel shall inform opposing counsel of which witnesses counsel intend to call during the next trial day. 26 3. DEPOSITIONS 27 The deposition of an adverse party may be used for any purpose. The deposition of 28 2 1 a witness not a party may be used for impeachment or if the witness is unavailable as 2 described in Fed. R. Civ. P. 32(a)(3). If the deposition is being used for impeachment, it is 3 unnecessary to ask the witness if he/she recalls the testimony or otherwise lay a 4 foundation. Simply identify the deposition, page and line numbers--so that opposing 5 counsel may review the deposition to determine if the identified excerpt is in fact 6 impeaching--and read the relevant portion. Opposing counsel may then immediately ask to 7 read any additional testimony that is necessary to complete the context. the deposition wholesale; rather, counsel shall only offer copies of the relevant portions of 10 the transcript, which may be read into the record at jury trials or may be submitted to the 11 For the Northern District of California If a deposition is introduced because a witness or party is unavailable, do not offer 9 United States District Court 8 court for its review at court trials. If submitted to the court for review, the submission shall 12 be made jointly and the excerpts selected by each party shall be highlighted in a different 13 color. 14 4. OBJECTIONS 15 To make an objection, counsel shall rise, say "objection," and briefly state the legal 16 ground (e.g. "hearsay," "irrelevant"). There shall be no "speaking objections" or argument 17 from either counsel unless requested by the court. 18 5. 19 Bench conferences during jury trials will be permitted only for truly extenuating 20 circumstances. All matters of substantial evidentiary importance must be raised by motion 21 in limine so that they may be resolved prior to trial. Disputes regarding witnesses or 22 exhibits will be resolved, to the extent possible, at the pretrial conference. Any other 23 disputes will be addressed either before the trial day commences, during a recess, or at the 24 end of the trial day. Counsel are expected to assist the court in ensuring that there is a 25 minimum amount of "down time" for the jury. Trial hours will be between 8:30 a.m. and 1:30 26 p.m. with two fifteen minute breaks, unless otherwise ordered by the court. SIDEBARS 27 28 3 1 6. MOTIONS 2 After trial commences, no written motions may be filed without leave of court. 3 IT IS SO ORDERED. 4 Dated: November 29, 2012 ______________________________ PHYLLIS J. HAMILTON United States District Judge 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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