Martell et al v. USA, et al

Filing 23

CIVIL TRIAL PROCEDURES ORDER: Final Pretrial Conference/Trial Preparation Conference set for 1/13/2015 at 10:00 AM in Courtroom C-204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 1/6/2015. Four day Bench Trial set for 2/9/2015 at 9:00 AM in Courtroom C-204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 2/28/2014. (eseam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02062-KLM
HIGINIO MARTELL,
SHEILA LITTLEJOHN, formerly known as Martell,
FAITH MARTELL, Minor Child, and
JADELYN MARTELL, Minor Child,
Plaintiffs,
v.
UNITED STATES OF AMERICA, and
JOHN F. WALSH, United States Attorney,
Defendants.

CIVIL TRIAL PROCEDURES ORDER
(effective August 15, 2012)

_____________________________________________________________________
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 Court ORDERS as follows:
I. Final Pretrial Conference/Trial Preparation Conference (“FPTC/TPC”)
1. Date. The FPTC/TPC will be held on January 13, 2015 at 10:00 a.m. in
Courtroom C204, Second Floor, Byron Rogers U.S. Courthouse, 1929 Stout St., Denver,
Colorado. Trial counsel must attend in person or by telephone. Permission to attend by
telephone must be sought by filing a written motion no later than 14 days before the
FPTC/TPC.
2. Deadline for filing proposed Final Pretrial Order. The proposed Final Pretrial
Order is due on January 6, 2015.
3. Instructions for preparation of Proposed Final Pretrial Order. The parties
shall use the form of proposed Final Pretrial Order available on the court’s website and as
an attachment to the Local Rules, with the following changes:
- section 6(a)(3) and (b)(3) shall be modified to include a statement about
proposed use of videotaped and non-videotaped deposition testimony.
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- section 7(b) shall be deleted.
II. Pretrial Deadlines
1. Exchange of exhibit and witness lists. The parties shall exchange exhibit and
witness lists fourteen (14) days before the FPTC/TPC. Exhibit lists shall identify all exhibits
by Bates numbers. Witness lists shall identify “will call” witnesses and “may call” witnesses.
2. Objections to exhibits and witnesses. The parties shall file all objections to
exhibits and witnesses three (3) days before the FPTC/TPC.
3. Trial briefs. The parties may file Trial Briefs ten (10) days before trial.
4. Motions in limine. Motions in limine are discouraged. Instead, the parties may
flag evidentiary issues in their trial briefs. Motions to exclude expert testimony shall be filed
thirty (30) days after the rebuttal expert witness disclosure deadline set forth in the
scheduling order.
5. Proposed findings of fact and conclusions of law. In trials to the Court, the
parties shall file proposed Findings of Fact and Conclusions of Law five (5) court business
days before trial.
6. Proposed jury instructions. In jury trials, the parties shall file proposed jury
instructions ten (10) days before trial. Proposed jury instructions shall be in WordPerfect
or Word format and include citations of relevant authority in footnotes.
7. Special accommodations. Counsel shall notify my courtroom deputy of any
need for special accommodations for any attorney, party or witness, and any need for
technological equipment for videoconferencing or electronic presentation of evidence no
later than thirty (30) days before trial.
8. Settlement. Pursuant to D.C.COLO.LCivR 54.2, counsel must notify the court
clerk and my Chambers of a settlement before twelve o’clock noon on the last court
business day before the scheduled trial date. The assessment of jury costs may be
imposed as a consequence of noncompliance with this instruction.
III. First Day of Trial
1. Witness lists. Three copies of each party’s witness list shall be provided to the
courtroom deputy and one copy to opposing counsel.
2. Exhibit lists. Three copies of each party’s exhibit list shall be provided to the
courtroom deputy and one copy to opposing counsel.
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3. Exhibit notebooks. Each party shall prepare an exhibit notebook containing
original exhibits, properly marked and tabbed, with pages of each exhibit numbered. These
notebooks shall be provided to the courtroom deputy. Similar notebooks with exhibit copies
shall be provided to the court and to opposing counsel. Exhibits with more than one page
shall have each page numbered.
4. Copies of exhibits for jurors. In jury trials, each party shall provide notebooks
for juror exhibits. Those exhibits which have been stipulated to may be placed in the jurors’
notebooks prior to trial. Additional exhibits may be published to the jury for placement in
juror notebooks following the exhibit’s admission into evidence at trial. Blank pages may
be inserted into juror notebooks so that jurors may take notes of the proceedings.
5. List of stipulated facts. Plaintiff shall provide an original list of any stipulated
facts to the court and two copies to the courtroom deputy.
IV. General Information
1. Voir dire. Counsel will be permitted to conduct voir dire of potential jurors, if trial
is to a jury, for a specified amount of time, to be determined at the Trial Preparation
Conference. Accordingly, counsel should be prepared to conduct voir dire at trial as they
deem appropriate.
2. Courtroom Deputy. My courtroom deputy’s name is Laura Galera. She can be
reached at [phone]. Any questions concerning exhibits or courtroom equipment
may be directed to her. The proceedings will be digitally recorded. Any request for
transcripts 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.
3. Law Clerks. My law clerks can be reached at [phone]. Please do not
call them about issues which are handled by the courtroom deputy, as indicated in this
Order.
4. Witness salutations. At trial, all parties and witnesses shall be addressed as
“Mr.”, “Mrs.”, “Ms.”, “Dr.”, etc. Informal references are not permitted except when children
are testifying.
5. Timing of giving of jury instructions. In jury trials, instructions will be given
prior to closing arguments. Copies of written instructions will be given to the jury for its
deliberations.
6. Trial dates. Trial to the Court is set for four days starting on February 9, 2015
at 9:00 a.m. in Courtroom C-204, Second Floor, Byron Rogers U.S. Courthouse, 1929
Stout Street, Denver, Colorado.
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Dated: February 28, 2014

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