Martensen v. Koch

Filing 30

TRIAL PREPARATION CONFERENCE ORDER: Proposed Pretrial Order due by 10/10/2014. Final Pretrial Conference and Trial Preparation Conference are set for 10/17/2014 02:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. Ten (10) day Jury Trial set for 11/3/2014 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 10/24/13. (rebsec, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-02411-REB-CBS
KIRBY MARTENSEN,
Plaintiff,
v.
WILLIAM KOCH,
Defendant.

TRIAL PREPARATION CONFERENCE ORDER
Blackburn, J.
Pursuant to D.C.COLO.LCivR 43.1, the court enters this Trial Preparation
Conference Order.
IT IS ORDERED as follows:
1. That trial by jury shall commence November 3, 2014, 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 ten (10) days for trial:
•

Monday, November 3, 2014, through Thursday, November 6, 2014;

•

Monday, November 10, 2014 1;

•

Wednesday, November 12, 2014, through Thursday, November 13, 2014;

1 Tuesday, November 11, 2014, is Veteran’s Day, a federal holiday. The courthouse will be closed.

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and
•

Monday, November 17, 2014, through Wednesday, November 19, 2014;

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 combined Final Pretrial Conference and Trial Preparation
Conference shall commence on October 17, 2014, at 2:30 p.m., in courtroom A1001;
5. That lead counsel and any pro se party shall attend the conference;
6. That the proposed Final Pretrial Order, submitted pursuant to District Court
ECF Procedures V.5.1, shall be presented for the approval of the court no later than
seven (7) days before the final pretrial conference, i.e. by October 10, 2014;
7. That at the outset of the 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 Awill call@ witness list enumerating
the name and address (city or county and state only) of each witness that will be called
and a Amay 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 Awill call@ witness
list constitutes a representation on which the court and every other party may rely that the
Awill call@ witnesses listed will be present and available to testify during trial;
8. That before commencement of jury selection, the parties shall submit to the

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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);
9. That at the conference the parties shall be prepared to review and discuss, inter
alia, the following:
a. the proposed Final Pretrial Order;
b. stipulated and proposed jury instructions and verdict forms;
c. voir dire questions;
d. the jury selection process and the use of juror questionnaires;
e. identification of all persons permitted to be seated at each party=s table;
f. the pronunciation of problematic party=s and witness= names;
g. the names or monikers that may be used when referring to a party or a
witness;
h. identification of Awill call@ and Amay call@ witnesses;
i. use of deposition testimony:
1. designation of specific testimony by page and line; and
2. identification of the person selected to read deposition answers;
j. use of video depositions:
1. resolution of objections;
2. pretrial redaction, if necessary; and
3. arrangements for necessary equipment to broadcast the
deposition;
k. the allocation of trial time between the parties;
l. the admission of stipulated exhibits or exhibits about which there are no
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objections;
m. timing of publication, if any, of trial exhibits to the jury;
n. anticipated evidentiary issues;
o. the necessity for cautionary or limiting instructions;
p. requests or requirement for trial briefs;
q. exemptions from the order of sequestration of witnesses;
r. security precautions, requirements, or issues;
s. training on the use of courtroom technology; and
t. transporting and bringing equipment, models, props, or other property into
the courthouse and courtroom for use during trial; 2
10. 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;
11. That pending further court order, the jurors shall not be sequestered before
deliberations;
12. That trial witnesses subject to sequestration under Fed. R. Evid. 615 shall be
sequestered by order entered sua sponte immediately before opening statements;
13. That opening statements shall be limited to thirty (30) minutes per party;

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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 ACourtroom Technology Manual
for Attorneys.@ Arrangements for training on courtroom technology must be made with the courtroom deputy
clerk, Kathleen Finney, at [phone], 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 for use in the courtroom

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14. That the court will not engage in the examination of any witness, except to
eschew plain error;
15. 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;
16. That objections made in the presence or hearing of the jury, i.e., so-called
Aspeaking@ 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)];
17. That unless interrupted by the court, in marshaling motions or objections
during trial, the following sequential protocol shall be observed: objection, response,
reply, ruling;
18. 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 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;
19. That to facilitate preparation, marshaling, and consideration of proposed jury
instructions and verdict forms, consistent with REB Civ. Practice Standard IV.E.4.,the
parties the plaintiff 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
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interrogatories;
20. That closing argument shall be limited to forty-five (45) minutes total for each
party;
21. 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, Kathleen Finney,
at [phone], should be contacted; and
22. 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 combined Final Pretrial Conference and 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 October 24, 2013, at Denver, Colorado.
BY THE COURT:

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