Hermann v. Hartford Casualty Insurance Company
Filing
87
SECOND TRIAL PREPARATION CONFERENCE ORDER: Trial Preparation Conference set for 7/12/2013 at 01:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. Five (5) day Jury Trial set for 7/29/2013 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 12/17/12. (rebsec, ) Modified on 12/17/2012 to correct spelling. (kfinn, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-03188-REB-MEH
JOHN HERMANN,
Plaintiff,
v.
HARTFORD CASUALTY INSURANCE COMPANY,
Defendant.
SECOND TRIAL PREPARATION CONFERENCE ORDER
Blackburn, J.
Pursuant to D.C.COLO.LCivR 43.1, the court enters this Second Trial
Preparation Conference Order.
IT IS ORDERED as follows:
1. That trial by jury shall commence July 29, 2013, at 8:30 a.m., in courtroom
A1001, located on the 10th Floor North, of the Alfred A. Arraj, United States Courthouse
Annex, 901 19th Street, Denver, Colorado 80294, at which trial all parties shall appear in
person without further notice, order, or subpoena;
2. That the court reserves five (5) days for trial:
•
Monday, July 29, 2013, through Thursday, August 1, 2013; and
•
Monday, August 5, 2013;
3. That counsel and any pro se party shall appear in courtroom A1001 on the first
day of trial at 8:00 a.m., to review and discuss with the courtroom deputy clerk and the
court, if necessary, any final details, arrangements, or requirements concerning the trial;
4. That a Trial Preparation Conference shall commence on July 12, 2013, at
1:30 p.m., in courtroom A1001;
5. That lead counsel and any pro se party shall attend the Trial Preparation
Conference;
6. That at the outset of the Trial Preparation Conference, the parties shall submit
one Parties’ Joint Exhibit List on the form required by the court (an original for the court
with copies for the courtroom deputy clerk, the court reporter, and all other parties) and
each party shall submit on the Witness List form required by the court (an original for
the court with copies for the courtroom deputy clerk and all other parties) a “will call”
witness list enumerating the name and address (city or county and state only) of each
witness that will be called and a “may call” witness list enumerating the name and
address (city or county and state only) of each witness that may be called; provided,
furthermore, that the “will call” witness list constitutes a representation on which the
court and every other party may rely that the “will call” witnesses listed will be present
and available to testify during trial;
7. That before commencement of jury selection, the parties shall submit to the
courtroom deputy clerk the exhibits identified in their joint exhibit list (a set of original
exhibits for use by the witnesses and copies for the court and all other parties);
8. That at the Trial Preparation Conference the parties shall be prepared to
review and discuss, inter alia, the following:
a. stipulated and proposed jury instructions and verdict forms;
b. voir dire questions;
c. the jury selection process and the use of juror questionnaires;
d. identification of all persons permitted to be seated at each party’s table;
e. the pronunciation of problematic party’s and witness’ names;
f. the names or monikers that may be used when referring to a party or a
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witness;
g. identification of “will call” and “may call” witnesses;
h. use of deposition testimony:
1. designation of specific testimony by page and line; and
2. identification of the person selected to read deposition answers;
i. use of video depositions:
1. resolution of objections;
2. pretrial redaction, if necessary; and
3. arrangements for necessary equipment to broadcast the
deposition;
j. the allocation of trial time between the parties;
k. the admission of stipulated exhibits or exhibits about which there are no
objections;
l. timing of publication, if any, of trial exhibits to the jury;
m. anticipated evidentiary issues;
n. the necessity for cautionary or limiting instructions;
o. requests or requirement for trial briefs;
p. exemptions from the order of sequestration of witnesses;
q. security precautions, requirements, or issues;
r. training on the use of courtroom technology; and
s. transporting and bringing equipment, models, props, or other property
into the courthouse and courtroom for use during trial;1
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The court has audio, video, audio-visual, evidentiary presentation, and other special equipment that
may be used by the parties. A listing of available equipment can be found on the District Court’s website at
http://www.cod.uscourts.gov/Judges/Judges.aspx under “Courtroom Technology Manual for Attorneys.”
Arrangements for training on courtroom technology must be made with the courtroom deputy clerk, Nel Steffens,
at 303-335-2090 at least 14 days before trial. Notify the courtroom deputy clerk no later than fourteen (14) days
before the date and time you need such equipment or need your own equipment to be brought through security
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9. That each side shall be permitted voir dire examination not to exceed 15
minutes following voir dire examination by the court, but shall not reiterate questions
previously propounded by the court or another party;
10. That pending further court order, the jurors shall not be sequestered before
deliberations;
11. That trial witnesses subject to sequestration under Fed.R.Evid. 615 shall be
sequestered by order entered sua sponte immediately before opening statements;
12. That opening statements shall be limited to thirty (30) minutes per party;
13. That the court will not engage in the examination of any witness, except to
eschew plain error;
14. That pursuant to REB Civ. Practice Standard III.B.4.b., each party shall have
available at trial a set of exhibits for the court, the courtroom deputy clerk, opposing
counsel (one set per party), and any pro se party;
15. That objections made in the presence or hearing of the jury, i.e., so-called
“speaking” objections, shall be stated as succinctly as practicable and supported by
recitation of apposite authority when possible; however, neither counsel nor a pro se
party shall speechify an objection in the presence or hearing of the jury [See
Fed.R.Evid. 103(d)];
16. That unless interrupted by the court, in marshaling motions or objections
during trial, the following sequential protocol shall be observed: objection, response,
reply, ruling;
17. That to eliminate or minimize bench or sidebar conferences, each party shall
be responsible to inform the courtroom deputy clerk by the conclusion of a trial day
for use in the courtroom
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about any issue which should be considered before commencing trial on the next
scheduled day of trial and at the outset of a trial day about any issue which should be
considered at the conclusion of that trial day;
18. That to facilitate preparation, marshaling, and consideration of proposed jury
instructions and verdict forms, the parties shall identify and enumerate each individual
jury instruction in the heading or title as specified in REB Civ. Practice Standard V.C.4.;
provided, furthermore, the parties shall similarly identify and enumerate all proposed
verdict forms and special interrogatories;
19. That closing argument shall be limited to forty-five (45) minutes total for each
party;
20. That for additional information about courtroom protocol, courtroom
technology and training, trial preparation, transport of items into the courthouse and
courtroom, or submission of trial exhibits, the courtroom deputy clerk, Nel Steffens, at
303-335-2090 should be contacted; and
21. That pursuant to REB Civ. Practice Standard IV.A.1.b., the Final Pretrial
Order as modified or supplemented by this Trial Preparation Conference Order and any
order entered during the Trial Preparation Conference shall control the subsequent
course of this action and the trial, and may not be amended except by consent of the
parties and approval of the court or by order of the court to prevent manifest injustice.
Dated December 17, 2012, at Denver, Colorado.
BY THE COURT:
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