Kansas Wheat Alliance, Inc. et al v. Thunderbird Seed Conditioning LLC et al

Filing 30

TRIAL PROCEDURES ORDER by Magistrate Judge Michael E. Hegarty on 10/18/2012. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01171-MEH
KANSAS WHEAT ALLIANCE, INC., and
KANSAS STATE UNIVERSITY RESEARCH FOUNDATION,
Plaintiffs,
v.
THUNDERBIRD SEED CONDITIONING, LLC,
THUNDERBIRD COMMODITIES, LLC, and
JOHN DOES 1-50,
Defendants.

TRIAL PROCEDURES ORDER

The following procedures and orders supplement the Federal Rules of Civil Procedure and
the local rules of this court. In order to fairly and efficiently try the merits of each case, the
following ORDERS apply.1
I.

Trial Preparation Conference

The Trial Preparation Conference will be held on September 10, 2013, at 9:30 a.m. The
matters due on or before that date are as follows:
1.

Exhibits: The parties are to meet and confer to establish a single exhibit list utilizing
numbers. The exhibit list shall be electronically filed under the Court’s Electronic
Filing Procedures2 and a copy e-mailed as an attachment in WordPerfect or Word
format to me at [e-mail] three business days before
the final trial preparation conference. Stipulations as to authenticity and
admissibility shall be set forth on the exhibit list.

2.

Objections to Exhibits: Each party shall electronically file objections to exhibits

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Though the matter is currently set for a five-day bench trial, Defendants have preserved the
right to request a jury trial. (See docket #29.) In the interest of notice and caution, the Court issues
this order in contemplation of a potential jury trial. However, in the event that the case goes forward
as bench trial, the parties are free to ignore those instructions pertaining only to jury trials.
2

See the Court’s Electronic Case Filing Procedures, Civil Case, Version 2.0, §§V.I and V.L.,
which may be accessed on the Court’s website.

under the Court’s Electronic Filing Procedures and a copy e-mailed as an attachment
in Word or WordPerfect format to me at [e-mail]
three business days before the final trial preparation conference. The objections
shall state in a clear and concise fashion the evidentiary grounds for the objection
and the legal authority supporting such objection. Two copies of the objections are
to be provided at the final trial preparation conference.
3.

4.

Deposition testimony. In the event deposition testimony will be used, opposing
counsel must be given notice of each page and line intended to be used ten business
days prior to the final trial preparation conference. Opposing counsel may then
cross-designate testimony. The parties will meet and confer regarding the method
of designating testimony so that it can be efficiently presented at trial. Any
objections to the testimony must be marked on a copy of the transcript and provided
to the court three business days before the final trial preparation conference.
Objections to deposition testimony will be ruled on prior to trial.

5.

Motions in limine: Motions in limine are to be electronically filed under the Court’s
Electronic Filing Procedures and a copy e-mailed as an attachment in WordPerfect
or Word format to me at [e-mail] no later than twenty
calendar days before the final trial preparation conference. Responses to motions
in limine shall be so filed and e-mailed five business days before the final trial
preparation conference.

6.

Trial Briefs: Trial briefs shall be filed at or before the final trial preparation
conference. Trial briefs are limited to 20 pages. Parties are free to include
evidentiary issues as well as the substantive law governing the case.

7.

II.

Witness Lists: At the final trial preparation conference, counsel shall provide their
final witness lists (and two copies) with an estimate of each witness’ direct
examination testimony time. Each witness designated shall be counsel’s
representation, upon which opposing counsel can rely, that the witness will be
present and available for testimony at trial. Of course, either party is not required
to call a particular witness; listing the witness only assures their availability.

Proposed Voir Dire: As the Court has noted, the parties will be permitted
approximately 15 minutes each for voir dire. In order to make this aspect of the trial
more efficient, proposed voir dire questions that the Court will ask shall be filed
electronically under the Court’s Electronic Filing Procedures and a copy e-mailed
as an attachment in WordPerfect or Word format to me at
[e-mail] on or before the date of the final trial
preparation conference.

Prior to Trial
1.

Use of courtroom technology: Thirty days before trial, counsel shall notify my
courtroom deputy, Cathy Coomes, of any need for special accommodation for any
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attorney, party or witness, any need for technological equipment, such as
videoconferencing, or equipment needed for the presentation of evidence using CDROM or other electronic presentation of evidence.
2.

III.

Jury instructions: TEN DAYS PRIOR TO TRIAL, proposed instructions and
proposed verdict forms shall be filed electronically under the Court’s Electronic
Filing Procedures and a copy e-mailed as an attachment in WordPerfect or Word
format to me at [e-mail]. The email attachments shall
contain two versions of proposed substantive jury instructions, one with authority
and one without authority. These instructions shall be considered “opposed.”
Counsel shall meet and confer concerning instructions and shall submit,
independently and utilizing the deadline and the procedure set forth in this
paragraph, a set of stipulated instructions (including, to the extent possible, any
preliminary instruction(s) to be read before the commencement of trial; stock
instructions; a stipulated facts instruction; and instructions on the substantive law
governing the case). Thus, there will be three sets of instructions submitted to the
Court: Those stipulated by the parties; instructions proposed by the Plaintiff but
opposed by the Defendants; and instructions proposed by the Defendants but
opposed by the Plaintiff.

First Day of Trial
1.

2.

Provide three copies of witness lists to courtroom deputy and one to opposing
counsel.

3.

Provide three copies of the exhibit list to the courtroom deputy.

4.

Original exhibits, properly marked and tabbed, each exhibit numbered sequentially,
each page within an exhibit numbered sequentially, filed in one or more notebooks
shall be given to the courtroom deputy and to the Court. There is no requirement to
provide separate notebooks for the jurors, as the parties have represented that
exhibits shall be published to the jury by means of the courtroom technology. At the
conclusion of trial, the jury will receive the exhibit notebook maintained by the
courtroom deputy.

5.
IV.

Trial is set for five (5) days, to the Court, beginning on October 7, 2013, at 9:00
a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States
Courthouse located at 901 19th Street, Denver, Colorado.

Submit an original list of any stipulated facts and two copies.

General Information
1.

My courtroom deputy’s name is Cathy Coomes, who can be reached at (303) 3352089. Any questions concerning exhibits or courtroom equipment may be directed
to her. The proceedings will be digitally recorded. Any request for transcripts
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should be directed to the courtroom deputy. Extraordinary requests, such as for daily
copy, should be made at least 30 days in advance of the trial date.
2.

My law clerks are Kristina James and Michelle Rosendahl and can be reached at
[phone].

3.

In jury trials, instructions are given after closing arguments. Copies of written
instructions will be given to the jury for its deliberations.

Dated at Denver, Colorado this 18th day of October, 2012.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

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