Williams v. Williams

Filing 100

PRETRIAL PREPARATION ORDER. **See Docket No. 96.** (ndr, COURT STAFF) (Filed on 8/6/2012)

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1 ORDER FOR PRETRIAL PREPARATION (Prisoner Cases) 2 PRETRIAL CONFERENCE 3 Not less than 28 days prior to the pretrial conference, each 4 party shall file the pretrial conference statement required by 5 Civil L.R. 16-10(b)(6). The pretrial statement shall contain the 6 following information: 7 (1) The Action. 8 9 United States District Court For the Northern District of California 10 (A) Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided. 11 (B) Relief Prayed. A detailed statement of all the relief claimed, particularly itemizing all elements of damages claimed. 12 (2) 13 (A) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputed. The Factual Basis of the Action. 14 15 (B) Disputed Factual Issues. A plain and concise statement of all disputed factual issues which remain to be decided. 16 17 (C) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 18 19 (D) Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes. 20 (3) 21 a concise statement of each disputed point of law concerning 22 liability or relief. 23 (4) 24 remaining discovery or motions. 25 (5) 26 (A) Settlement Discussions. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive. 27 28 Disputed Legal Issues. Without extended legal argument, Further Discovery or Motions. A statement of all Trial Alternatives and Options. (B) Consent to Trial Before a Magistrate Judge. A 1 2 3 statement whether the parties consent to a court or jury trial before a magistrate judge, with appeal directly to the Ninth Circuit. 4 (C) Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired. 5 (6) 6 of the action, or material to its just, speedy and inexpensive 7 determination. 8 In addition, each party shall submit the following: 9 Miscellaneous. a. Any other subjects relevant to the trial Exhibit List and Objections. The exhibit list United States District Court For the Northern District of California 10 required by Civil L.R. 16-10(b)(7) shall list each proposed exhibit 11 by its number (see Civil L.R. 30-2(b)), description, and sponsoring 12 witness, followed by blanks to accommodate the date on which it is 13 marked for identification and the date on which it is admitted into 14 evidence. 15 case-in-chief that is not disclosed in its exhibit list without 16 leave of the Court for good cause shown. 17 deliver a set of premarked exhibits to the Courtroom Deputy. 18 exhibit markers shall each contain the name and number of the case, 19 the number of the exhibit, and blanks to accommodate the date 20 admitted and the Deputy Clerk's initials. 21 are attached and are also available on the Court’s website at 22 www.cand.uscourts.gov. 23 b. No party shall be permitted to offer any exhibit in its Witness List. Parties shall also The Appropriate sample forms No party shall be permitted to call 24 any witness in its case-in-chief that is not disclosed in its 25 pretrial conference statement without leave of the Court for good 26 cause shown. 27 witnesses they wish to call. 28 Each party must arrange to subpoena and produce the 2 1 c. Use of Discovery Responses. In addition to the 2 requirements of FRCivP 26(a)(3)(B), a designation of any excerpts 3 from interrogatory answers or from responses for admissions 4 intended to be offered at trial. 5 objections to use of these materials. 6 d. Trial briefs. The parties shall indicate any Briefs on all significant disputed 7 issues of law, including foreseeable procedural and evidentiary 8 issues. 9 e. Motions in Limine. Any motions in limine shall be United States District Court For the Northern District of California 10 filed with the pretrial conference statement. 11 limine shall be contained within one document, limited to 25 pages 12 pursuant to Civil L.R. 7-2(b), with each motion listed as a 13 subheading. 14 within one document, limited to 25 pages, with corresponding 15 subheadings, and filed seven (7) days thereafter. 16 All motions in Opposition to the motions in limine shall be contained f. Proposed Voir Dire. The attached voir dire 17 questionnaire will be given to the venire members, and copies of 18 the responses will be made available to parties at the beginning of 19 voir dire. 20 voir dire. 21 Each party may submit a set of additional requested g. Joint Proposed Jury Instructions. As applicable, 22 jury instructions §1.1A, §1.1C, §1.2 through §1.17, §1.19, §2.1 23 through §2.13, §3.1 through §3.3 from the Manual of Model Civil 24 Jury Instructions for the Ninth Circuit (2007 Edition) will be 25 given absent objection. 26 additional proposed jury instructions. 27 ordered in a logical sequence, together with a table of contents. 28 Parties shall each submit one set of 3 The instructions shall be 1 Authority for each instruction shall be included as part of the 2 submission. 3 The parties shall email to cwpo@cand.uscourts.gov a copy of 4 their proposed jury instructions in WordPerfect or Word format. 5 The subject of the email should include the name of the parties, 6 the case number and a description of the document. 7 h. Proposed Verdict Forms. 8 i. Proposed Findings of Fact and Conclusions of Law 9 (Court Trial only). The parties shall email to United States District Court For the Northern District of California 10 cwpo@cand.uscourts.gov a copy of their proposed findings of fact 11 and conclusions of law in WordPerfect or Word format. 12 of the email should include the name of the parties, the case 13 number and a description of the document. 14 JURY SELECTION 15 The subject The Jury Commissioner will summon 20 to 25 prospective jurors. 16 The Courtroom Deputy will select their names at random and seat 17 them in the courtroom in the order in which their names are called. 18 Voir dire will be asked of sufficient venire persons so that 19 eight (or more for a lengthy trial) will remain after all 20 peremptory challenges and an anticipated number of hardship 21 dismissals and cause challenges have been made. 22 The Court will then take cause challenges, and discuss 23 hardship claims from the individual jurors, outside the presence of 24 the venire. 25 claims and cause challenges will be granted, but will not announce 26 those dismissals until the process is completed. 27 then list in writing up to three peremptory challenges. 28 The Court will inform the parties which hardship 4 Each party may The 1 parties will review each other's lists and then submit them to the 2 Courtroom Deputy. 3 Then, from the list of jurors in numerical order, the Court 4 will strike the persons with meritorious hardships, those excused 5 for cause, and those challenged peremptorily, and call the first 6 eight people in numerical sequence remaining. 7 the jury. 8 9 United States District Court For the Northern District of California 10 All jurors remaining at the close of the case will deliberate. There are no alternates. SANCTIONS 11 12 Those people will be Failure to comply with this Order is cause for sanctions under Federal Rule of Civil Procedure 16(f). 13 14 IT IS SO ORDERED. 15 _ ______________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 5 1 JUROR QUESTIONNAIRE 2 3 4 Please fill out this form as completely as possible and print clearly. Since we want to make copies for the attorneys and the Court, do not write on the back of any page. If you need more room, continue at the bottom of the page. Thank you for your cooperation. 5 1. Your name: ________________________________________________ 7 2. Your age: _________________________________________________ 8 3. Your place of birth: ______________________________________ 9 4. Do you rent or own your own home? _________________________ 10 United States District Court For the Northern District of California 6 5. Your marital status: (circle one) 11 12 single 6. 13 married live with partner separated divorced widowed What is your occupation, and how long have you worked in it? (If you are retired, please describe your main occupation when you were working). 14 _______________________________________________________________ 15 _______________________________________________________________ 16 7. 17 _______________________________________________________________ 18 8. 19 9. Who is (or was) your employer? How long have you worked for this employer? ______________ Please list the occupations of any adults with whom you live. 20 _______________________________________________________________ 21 22 10. If you have children, please list their ages and sex and, if they are employed, please give their occupations. 23 _______________________________________________________________ 24 _______________________________________________________________ 25 _______________________________________________________________ 26 _______________________________________________________________ 27 28 6 1 11. Please describe your educational background: 2 Highest grade completed: _________________________________ 3 College and/or vocational schools you have attended: 4 _______________________________________________________________ 5 _______________________________________________________________ 6 _______________________________________________________________ 7 Major areas of study:_____________________________________ 8 12. 9 Have you ever served on a jury before? ________ How many times?________ United States District Court For the Northern District of California 10 If yes: 11 When? ____________________________________________________ 12 Was it a civil or criminal case? _________________________ 13 Did the jury(ies) reach a verdict? _______________________ 14 13. State/County Court _______ Federal Court _______ Attached is a list of the parties in this case, the law firms 15 representing the parties, attorneys in this case, and persons 16 who are potential witnesses in this case. 17 think you know, any of the persons listed? 18 19 Yes:_____ No:_____ If so, make a check next to their name. 20 21 22 Rev. 6/28/10 23 24 25 26 27 28 7 Do you know, or

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