JONES v. WALMART STORES EAST LP et al

Filing 43

ORDER of Conduct for Trial. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 10/23/2024. (ksl)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
HEATHER JONES,
Plaintiff,
v.
WALMART STORES EAST, LP d/b/a
WAL-MART STORE #899, JOHN DOE,
ABC CORPORATION and
XYZ ENTITY
Defendants.
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CASE NO:
7:22-cv-134 (WLS)

ORDER
Unless otherwise stated or ordered by the Court, the following rules, in addition to the
usual rules of conduct and decorum, shall apply to all counsel and parties in the trial of the
above-captioned case:
1. Except as may be otherwise ordered by the Court, following selection and
empanelment of the jury, trial days shall promptly begin at 8:00 a.m. and conclude at
2:00 p.m. All counsel and parties shall be present and ready to proceed at the scheduled
hour.
a. During the presentation of its case-in-chief, the party or parties shall ensure that
witnesses are present and available in order to prevent any loss of trial time due
to witness absence or tardiness. If a witness is not present and available at the
time called, the next available witness shall be called.
b. Counsel for the parties shall cooperate and confer in good faith in advance in
an effort to accommodate witnesses where necessary and reasonable.
c. Counsel shall promptly inform and advise all unsworn witnesses as to the rule
of witness sequestration and ensure no unsworn witnesses enter the courtroom
or otherwise overhear witness testimony until the witness has testified and/or
been excused.
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d. Counsel may place witnesses on call at counsel’s discretion, but shall ensure that
any on-call witness is present and available when called to testify. The Court will
not call a recess to wait for the appearance of an on-call witness.
2. Counsel and staff shall strictly comply with the Court’s rules regarding possession and
use of electronic devices.
3. Counsel shall not request permission to approach the bench on routine matters such
as anticipated hearsay. Counsel should make such a request only for important matters
such as anticipated or possible violations of an Order of the Court, a ruling in limine, or
to advise the Court of a matter that needs special evidentiary or procedural attention.
4. Counsel shall not make speaking objections or respond likewise. Objections and
responses shall be directed to the Court, not opposing counsel.
5. Review of documents in court by counsel prior to presenting them to a witness is
simply to verify the identity of the document, not for in-depth review of its substance.
6. All exhibits admitted into evidence shall be placed in the custody of the courtroom
deputy at the end of the trial day, unless otherwise allowed by the Court and noted for
the record. In such case, the proponent shall ensure the safekeeping of the exhibit until
placed in the custody of the courtroom deputy and noted in the record.
7. To the extent possible, evidentiary, and other issues requiring the Court’s attention
outside of the presence of the jury will be taken up outside of the 8:00–2:00 trial day.
8. The Court will set aside one hour following each trial day to resolve and address issues
that must be addressed outside of the presence of the jury–3:00 p.m. on Mondays,
Tuesdays, Wednesdays, and Fridays, and 4:00 p.m. on Thursdays, unless otherwise
ordered by the Court. Lead counsel shall be present for all such hearings and
proceedings. The Court may alter these times as may be necessary for other scheduled
hearings and proceedings.
9. Counsel shall address witnesses from the lectern except when permitted, upon request,
to approach a witness. In such case, counsel shall promptly return to the lectern in
anticipation of testimony upon continued examination.
10. Cross-examination, re-direct, re-cross, etc., shall be strictly limited to the scope of the
immediately preceding examination.
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11. Objections and responses thereto will be made by the attorneys participating in the
witness’s direct and cross-examination. However, upon request, the Court will allow
the examining attorney a brief time to confer with co-counsel.
The Court may amend this Order as necessary.

SO ORDERED, this 23rd day of October 2024.
/s/ W. Louis Sands
W. LOUIS SANDS, SR. JUDGE
UNITED STATES DISTRICT COURT

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