Fastcase, Inc. v. Lawriter LLC

Filing 11

INSTRUCTIONS to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 3/9/16. (jlm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
FASTCASE, INC.,
Plaintiff,
CIVIL ACTION FILE
v.
No. 1:16-cv-0327-TCB
LAWRITER LLC,
Defendant.
INSTRUCTIONS TO PARTIES AND COUNSEL
This case has been assigned to Judge Timothy C. Batten, Sr. The
purpose of this Order is to inform the parties and their counsel of the
Court’s policies, practices and procedures. It is issued to promote the
just and efficient determination of the case. This Order, in combination
with this Court’s Local Rules and the Federal Rules of Civil Procedure,
shall govern this case. Please note that recent amendments to the
Federal Rules of Civil Procedure will apply to this case.

Case Administration
1.

Contacting Chambers
Suzy Edwards, our Courtroom Deputy Clerk, is your principal

point of contact on matters relating to this case.
communication
(404.215.1422)

with
or

by

Ms.

Edwards

e-mail

should

be

Where possible,
by

telephone

([e-mail]).

Mailed, couriered, and hand-delivered communications should be
addressed as follows:
Ms. Suzy Edwards
Courtroom Deputy Clerk
2142 U.S. Courthouse
75 Ted Turner Drive, SW
Atlanta, GA 30303-3309
If the parties cannot reach Ms. Edwards, they should call the
Atlanta chambers main line (404.215.1420) for assistance.
Neither the parties nor their counsel should discuss the merits of
the case with Ms. Edwards or any of the Court=s law clerks.
2.

Courtesy Copies
Parties frequently forward courtesy copies of motions and other

filings directly to chambers for the Court=s convenience.
2

Except for

emergency motions filed pursuant to Local Rule 7.2(B) and ex parte
motions for TROs, the delivery of a hard copy of a document in addition
to the electronically filed copy is not necessary, and the Court prefers to
rely on its electronic access to court filings. The movant should handdeliver to Ms. Edwards a hard copy of all emergency motions and ex

parte motions for TROs.

It is not necessary for the respondent to

provide a hard copy of its response to Ms. Edwards.
3.

Local Counsel in Cases with Counsel Admitted Pro Hac Vice
Where lead counsel has been admitted pro hac vice, local counsel

is required to be thoroughly familiar with the case.

The Court

presumes that lawyers admitted to the bar of other district courts are
competent, diligent and courteous, but ultimately, local counsel must be
accountable and available to address and argue any issue in the case.
4.

Electronic Registration
All counselCincluding counsel admitted pro hac viceCmust

register and participate in the Court=s electronic filing system, CM/ECF.
(See this Court’s Standing Order No. 04-01, found at Appendix H of the
Court’s Local Rules.)
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5.

Leave of Absence
All requests for or notices of leaves of absence must be

electronically filed.

Counsel should not mail or hand-deliver paper

copies to chambers.
Case Management
1.

Extensions of Time
The Court, along with counsel for the parties, is responsible for

processing cases toward prompt and just resolutions. To that end, the
Court seeks to set reasonable but firm deadlines. Motions for extension,
whether opposed, unopposed or by consent, will not be granted as a
matter of course.

Parties seeking an extension should explain with

specificity the unanticipated or unforeseen circumstances necessitating
the extension and should set forth a timetable for the completion of the
tasks for which the extension is sought.
2.

Conferences
Scheduling, discovery, pre-trial and settlement conferences

promote the speedy, just and efficient resolution of cases. Therefore,
the Court encourages the parties to request a conference when counsel
4

believes that a conference will be helpful and counsel has specific goals
and an agenda for the conference.
3.

Early Planning Conference
Local Rule 16.1 provides that prior to filing the Joint Preliminary

Report and Discovery Plan, lead counsel for all parties are required to
confer in an effort to settle the case, discuss discovery, limit issues and
discuss other matters addressed in the Joint Preliminary Report and
Discovery Plan. This Early Planning Conference may be conducted by
lead counsel by telephone.
4.

Initial Disclosures
Initial disclosures should be as complete as possible based upon

information reasonably available. Responses may not be reserved for
later supplementation.
5.

Candor in Responsive Pleadings
In accordance with Federal Rule of Civil Procedure 8(b), a party’s

responsive pleading must admit or deny the averments of the adverse
party=s pleading. For example, if the complaint alleges, “A copy of the
parties= contract is attached hereto as Exhibit A,” the defendant=s
5

answer must either admit or deny this averment, or plead that he is
without knowledge or information sufficient to form a belief as to
whether Exhibit A is in fact a copy of the parties’ contract; the
defendant may not plead, e.g., “Defendant admits that Exhibit A is
attached to the complaint,” or “The document speaks for itself.” Such
evasive denials shall be disregarded, and the averments to which they
are directed shall be deemed admitted in accordance with Rule 8(d).
Similarly, a party may not, in his responsive pleading, deny an
averment in his opponent=s pleading on the grounds that the averment
raises a matter of law rather than fact.
6.

Discovery ResponsesCBoilerplate and General Objections
Boilerplate objections in response to discovery requests are strictly

prohibited. Parties should not carelessly invoke the usual litany of rote
objections, i.e., attorney-client privilege, work-product immunity from
discovery, overly broad/unduly burdensome, irrelevant, not reasonably
calculated to lead to the discovery of admissible evidence.
Moreover, general objections are prohibited, i.e., a party shall not
include in his response to a discovery request a “Preamble” or a
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“General Objections” section stating that the party objects to the
discovery request “to the extent that” it violates some rule pertaining to
discovery, e.g., the attorney-client privilege, the work product immunity
from discovery, the requirement that discovery requests be reasonably
calculated to lead to the discovery of admissible evidence, and the
prohibition against discovery requests that are vague, ambiguous,
overly broad, or unduly burdensome. Instead, each individual discovery
request must be met with every specific objection theretoCbut only
those objections that actually apply to that particular request.
Otherwise, it is impossible for the Court or the party upon whom the
discovery response is served to know exactly what objections have been
asserted to each individual request. All such general objections shall be
disregarded by the Court.
Finally, a party who objects to a discovery request but then
responds to the request must indicate whether the response is complete,
i.e., whether additional information or documents would have been
provided but for the objection(s).

For example, in response to an

interrogatory a party is not permitted to raise objections and then state,
7

“Subject to these objections and without waiving them, the response is
as follows . . .” unless the party expressly indicates whether additional
information would have been included in the response but for the
objection(s). This requirement is now included in Fed. R. Civ. P.
34(b)(2)(C).
7.

Discovery ResponsesCVerifying Interrogatory Answers
Verifications of interrogatory answers must be unqualified, i.e.,

they must recite that the interrogatory answers are true and correct to
the best of the affiant’s knowledge; no reference should be made to the
affiant’s information and/or belief. Nor should a verification include
surplusage to the effect that the answers may be subject to change
because they are based upon limited information available to the affiant
or because discovery is just starting, etc.
8.

Conduct During Depositions
At the beginning of the deposition, deposing counsel shall instruct

the witness to ask deposing counsel, rather than the witness’s own
counsel, for clarifications, definitions, or explanations of any words,

8

questions, or documents presented during the course of the deposition.
The witness shall abide by these instructions.
All objections, except those that would be waived if not made at
the deposition under Federal Rule of Civil Procedure 32(d)(3)(B) and
those necessary to assert a privilege, or to present a motion pursuant to
Rule 30(d), shall be preserved. Therefore, those objections need not and
SHALL NOT be made during the course of depositions. In particular,
the Court eschews the dreaded “Objection to form.”
Counsel SHALL NOT instruct a witness not to answer a question
unless that counsel has objected to the question on the ground that the
answer is protected by a privilege or a limitation on evidence directed
by the Court. And the objection had better be good.
Counsel shall not make objections or statements that might
suggest an answer to a witness. Counsel’s statements when making
objections should be succinct and verbally economical, stating the basis
of the objection and nothing more.
Counsel and their witness-clients SHALL NOT engage in private,
off-the-record

conferences

during
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depositions

or

during

breaks

regarding any of counsel’s questions or the witness’s answers, except for
the purpose of deciding whether to assert a privilege. Any conferences
that occur pursuant to, or in violation of, this rule are a proper subject
for inquiry by deposing counsel to ascertain whether there has been any
witness-coaching and, if so, what. Any conferences that occur pursuant
to, or in violation of, this rule shall be noted on the record by the
counsel who participated in the conference. The purpose and outcome
of the conference shall also be noted on the record.
Deposing counsel shall provide to the witness’s counsel a copy of
all documents shown to the witness during the deposition. The copies
shall

be

provided

either

before

the

deposition

begins

or

contemporaneously with the showing of each document to the witness.
The witness and the witness’s counsel do not have the right to discuss
documents privately before the witness answers questions about them.
Unless the parties agree otherwise, breaks in the interrogation
shall occur no more frequently than once every ninety minutes, breaks
in the interrogation shall not last longer than fifteen minutes, and any

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lunch break shall last one hour and fifteen minutes. Breaks do not
count when computing the duration of the deposition.
9.

Serving Discovery Prior to Expiration of the Discovery Period
All discovery requests must be served early enough so that the

responses thereto are due on or before the last day of the discovery
period.

The Court typically will not enforce private agreements

between the parties and/or their counsel to conduct discovery beyond
the end of the discovery period, nor will the Court ordinarily compel
responses to discovery requests that were not served in time for
responses to be made before the discovery period ended.
10.

Extensions of the Discovery Period
Motions requesting an extension of the discovery period must be

made prior to the expiration of the existing discovery period and must
explain in detail why an extension is necessary. The motion should also
indicate whether all parties consent to the extension. Any party who
objects to the motion shall file a response in opposition within two
business days of the filing of the motion.

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Such motions ordinarily will be granted only in cases where
counsel could not have anticipated, at the time they submitted the Joint
Preliminary Report and Discovery Plan, that the specific circumstances
necessitating the requested extension would arise.
The Court ordinarily will not permit the taking of depositions for
the preservation of testimony after the close of discovery if an objection
is raised by the opposing party.
11.

Discovery Disputes
(a)

Notwithstanding Local Rule 37.1, prior to filing any motion

related to discovery, including but not limited to a motion to compel
discovery and a motion to quash a subpoena (except for unopposed,
consent, or joint motions to extend the discovery period), the
movantCafter conferring with the respondent in a good-faith effort to
resolve the dispute by agreementCmust send Ms. Edwards (with a copy
to all counsel of record) a one-page email summarizing the dispute and
the relief sought. If the matter is time-sensitive, the movant should
make that clear in the email.

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Ms. Edwards will then instruct the respondent the deadline by
which it may submit to her a one-page email response (with a copy to all
counsel of record). Ordinarily, after Ms. Edwards receives the response,
she will schedule a conference call in which the Court will attempt to
resolve the matter without the necessity of a formal motion; a court
reporter will be provided by the Court to take down the conference call.
However, the Court may choose to issue an order resolving the dispute
without a conference call.
In addition, if any party has a dispute with a non-party (e.g.,
regarding a subpoena), the party and the non-party must follow these
instructions, and the party must promptly inform the non-party of this
discovery-dispute policy.

If the non-party requires the Court’s

involvement in resolving the dispute, it should not file a motion, but
rather, should follow the procedure detailed in the two preceding
paragraphs.
(b)

The Court is usually available by telephone to resolve

objections and disputes that arise during depositions. Counsel should
not hesitate to call the Court (404.215.1420) if a bona fide dispute arises
13

during a deposition that the parties cannot resolve despite a good-faith
effort to do so.
12.

Consent Protective Confidentiality Orders; Filing Under Seal;
Confidential Settlement Agreements
The Court eschews the excessive use of consent protective

confidentiality orders that allow counsel to designate documents,
tangible

things

and

information

as

“Confidential”

and/or

“Confidential—For Attorney’s Eyes Only.” While the Court recognizes
the legitimacy of such orders in some cases, the Court’s experience is
that such orders are used—and abused—more often than truly
necessary.
As a guide to counsel, the Court notes that documents, tangible
things and information ordinarily are not truly confidential unless they
constitute either (1) a “trade secret,” as defined by Section 1(4) of the
Uniform Trade Secrets Act, or for cases applying Georgia law, O.C.G.A.
§ 10-1-761(4); (2) personal identifying information, such as a Social
Security number; or (3) personal health information protected by the
Health Insurance Portability and Accountability Act. Counsel should
also be aware that the Court is not hesitant to sanction a party and/or
14

counsel for abusing a protective confidentiality order by too readily
designating

documents,

tangible

things

and/or

information

as

“Confidential” and/or “Confidential—For Attorney’s Eyes Only.”
If the parties find that a consent protective confidentiality order is
necessary, the following language should be included (and shall be
deemed included) therein:
Any documents (including briefs), tangible things or
information designated as Confidential that are submitted
to the Court in support of or in opposition to a motion or
introduced at a hearing or during trial may retain their
protected confidential status only by order of the Court in
accordance with the procedures outlined in paragraph 12 of
the Court’s Instructions to Parties and Counsel.
Those procedures are as follows.
For documents filed other than during a hearing or trial and if
counsel want to seal no more than two documents, counsel shall
electronically file with the Clerk a motion to seal that lists the
document(s) that counsel wants filed under seal.

Simultaneously,

counsel shall email to Ms. Edwards (1) a proposed order granting the
motion, and (2) a copy of each document that counsel wants filed under

15

seal.

Counsel should not send paper copies of the documents to

chambers or to the Clerk’s office.
If counsel want to file under seal three or more documents, they
should contact Ms. Edwards for alternate filing instructions at least 48
hours prior to any filing deadline.
For tangible things other than documents, the parties shall
deliver the items to Ms. Edwards in chambers along with a proposed
order permitting the tangible things to be filed under seal.
The opposing party shall not be permitted to oppose the motion to
file under seal. The Court will review, in camera, the documents and
tangible things sought to be sealed. If the Court agrees that they
should be sealed, the proposed order will be filed.
A party who seeks to introduce protected documents, tangible
things or information at a hearing or during trial shall orally advise the
Court at the time of introduction that the documents, tangible things or
information sought to be introduced are protected.

The Court will

review the protected documents, tangible things or information in

16

camera, and make an oral ruling.

The Clerk will file any such

documents or tangible things under seal.
Also, if a party seeks to have only a portion of a document
(including briefs) filed under seal, only that portion will be filed under
seal,

and

counsel

shall

follow

the

process

described

above,

simultaneously filing electronically a redacted version of the document
filed under seal.
Furthermore, even if the parties do not have a confidentiality
agreement, they must still follow the above procedures if they want
protected information, documents, or tangible things filed under seal.
Finally, confidential settlement agreements are fine.

However,

the Court ordinarily will not enter a final judgment order that directs
one or more of the parties to comply with the terms of a confidential
settlement agreement and/or that has the Court retain jurisdiction for
purposes of enforcing the confidential settlement agreement.

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13.

Motions for Summary Judgment
a.

Record References

When filing a brief in support of or in opposition to a motion for
summary judgment, the party shall also file, as a separate docket entry,
an electronic copy of the complete transcript of each deposition
referenced in the brief.

The Court prefers (but does not require)

condensed copies of deposition transcripts (i.e., one physical page
containing four pages of transcribed testimony). Neither the original
transcript nor any paper copies of the deposition should be filed with
the Clerk or delivered to chambers.
All citations to the record evidence should be contained in each
party’s brief, not just in the party’s statement of undisputed (or
disputed) facts.

Thus, the party should include in the brief,

immediately following the deposition reference, a citation indicating the
page and line numbers of the transcript where the referenced testimony
can be found.

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b.

Statements of Material Facts (Disputed or Undisputed)

When a party files a response to a statement of material facts
(disputed or undisputed), it shall include the opposing party’s stated
facts and print its responses thereto immediately following each
separately numbered fact.
14.

Motions for Temporary Restraining Order or Preliminary
Injunction
Any request for a temporary restraining order or for preliminary

injunctive relief must be made by separate motion. A request for a
temporary restraining order or preliminary injunction found only in the
complaint will not be considered. After filing an appropriate motion, the
movant must contact Ms. Edwards to request expedited consideration of
the motion.
15.

Technology, Exhibits and Cellphones
The courtroom is equipped with various technologies (projector,

DVD player, document-viewer, etc.) that the parties are welcome to use.
Any questions about the equipment should be directed to Mark Allen in
the Court’s Systems Department. His number is 404-215-1653, and his
19

email address is [e-mail]. If a party would like
to see the courtroom and practice using the electronic equipment prior
to a hearing or trial, he or she should contact Ms. Edwards.
Any party or counsel without a blue attorney ID card issued
through the U.S. Marshals Service who would like to bring in the
courthouse electronic equipment, such as a laptop computer or a cell
phone with a camera, must file a proposed order in their case allowing
same. The proposed order should be filed at least three business days
before the hearing or trial and should identify the electronic equipment,
specify the date(s) of the hearing or trial to which the party or counsel
desires to bring the equipment, and identify the courtroom to which the
equipment will be brought.
16.

Pretrial OrdersCExhibit and Witness Lists
The parties shall separately number each of their exhibits as to

which a separate foundation must be laid. For example, exhibits should
not be grouped as Ahospital records@ or Aphotographs.@

Similarly,

exhibits should be numbered sequentially (e.g., P-1, P-2, etc); do not
use, e.g., P-1a, P-1b, etc. for a group of exhibits.
20

In listing witnesses or exhibits, a party may not reserve the right
to supplement his list, nor should a party adopt another party=s list by
reference.
17.

Pretrial Conference, Motions in Limine, Daubert Motions
Normally, the Court will conduct a pretrial conference.

The

purpose of the conference is to resolve motions in limine, discuss jury
selection, and explain the Court’s general trial procedures.
The parties will be required at the pretrial conference to identify
the specific witnesses they will call in their case-in-chief at trial. The
Court may require the parties to bring with them to the pretrial
conference the exhibits to which there are objections so that the Court
can consider objections thereto.
Unless otherwise directed by the Court, all motions in limine shall
be filed at least two weeks before the pretrial conference. Each party
may file only one, consolidated motion in limine, supported by a brief
not to exceed twenty-five pages.

Briefs in opposition to motions in

limine should be filed at least one week before the pretrial conference
and shall not exceed twenty-five pages.
21

In accordance with Local Rule 26.2C, Daubert motions must be
filed no later than the date the proposed pretrial order is submitted.
Briefs in opposition thereto must be filed within fourteen days of the

Daubert motion, and reply briefs in support of the motion must be filed
seven days thereafter.
18.

Requests for Oral Argument on Motions
In accordance with Local Rule 7.1(E), motions are usually decided

without oral argument, but the Court will consider any request for
hearing. Moreover, the Court shall grant a request for oral argument
on a contested, substantive motion if the request states that a lawyer of
less than five years out of law school will conduct the oral argument (or
at least the lion’s share), it being the Court’s belief that young lawyers
need more opportunities for Court appearances than they usually
receive.
19.

Proposed Findings of Fact and Conclusions of Law
When counsel is required to submit proposed findings of fact and

conclusions of law (LR 16.4(B)(25)), in addition to electronically filing

22

same, counsel should provide an electronic copy thereofCin Microsoft

Word formatCto Ms. Edwards.
20.

Proposed Orders
For all consent, unopposed or joint motions, the filing party shall

include therewith a proposed order granting the motion.
21.

Objections to Deposition Testimony
a.

Depositions Completed Prior to Deadline for Motions in
Limine

Notwithstanding Local Rules 16.4B(20) and 43.1, all objections to
any deposition testimony that may be offered as evidence at trial must
be made at or before the time for filing motions in limine. Briefs in
opposition to deposition objections must be filed within two business
days of the date of filing the objections unless the deadline for filing
briefs in opposition to motions in limine precedes that date, in which
event briefs in opposition to the objections should be filed the same day
as the briefs in opposition to motions in limine are due.
Counsel are strongly encouraged to resolve deposition objections
without the Court’s involvement.

Any unresolved objections will be

23

discussed at the pretrial conference or before jury selection on the first
day of trial.
b.

Depositions Completed After Deadline for Motions in Limine

If the deposition does not take place until after the deadline for
filing motions in limine, all such objections must be made within two
business days of counsel’s first receipt of an electronic or paper copy of
the deposition transcript. Briefs in opposition to the objections must be
filed within two business days of the date of filing of the objections.
Again, counsel are strongly encouraged to resolve these objections
without the Court’s involvement. However, counsel should promptly
inform the Court of any unresolved objections so that the Court may
address the objections as expeditiously as possible so as not to delay the
trial.
22.

Jury Instructions
Notwithstanding Local Rule 51.1 and unless otherwise directed by

the Court, counsel shall email their proposed jury instructions in
Microsoft Word format to the law clerk assigned to the case by 9:00 a.m.
on the last business day before the first day of trial. Counsel should
24

contact Ms. Edwards to obtain the name and email address of the
applicable law clerk.
23.

Dismissal of Actions
Notices or stipulations of dismissal that satisfy Federal Rule of

Civil Procedure 41(a)(1) and are filed by counsel take effect upon filing,
even if the document includes a signature line for the Court;
consequently, the Court will not sign such notices or stipulations. If
counsel would like for the dismissal to be pursuant to a court order,
they should submit to chambers a proposed order dismissing the action,
in accordance with Federal Rule of Civil Procedure 41(a)(2).
24.

2015 Amendments to the Federal Rules
As previously noted, recent amendments to the Federal Rules of

Civil Procedure will apply to all cases filed on or after December 1,
2015. These amendments will impact case management, including
changes to the presumptive time for serving a complaint, the time to
issue a scheduling order, the rules for preservation of electronically
stored information, and the general standard for proportionality in
discovery. Counsel are expected to know and abide by these rules. More
25

information on the amendments is available on the Judiciary’s website,
www.uscourts.gov.
Trial Courtroom Procedures
1.

The Court usually is in session from 9:00 a.m. until 5:00 p.m.

There will be a fifteen-minute recess mid-morning and again midafternoon. The Court typically recesses for lunch at 12:15 p.m.
2.

When the jury is in the courtroom it is the Court’s and the

litigants’ responsibility to use the jury’s time efficiently.

If matters

need to be taken up outside the presence of the jury, they should be
raised during breaks or before the start of the trial day.
3.

Voir dire will be conducted as follows: In civil cases that are not

expected to last more than two weeks, the Court will empanel eight
jurors, none of whom will serve as an alternate. The panel from whom
the eight will be selected will normally consist of 18-20 prospective
jurors. If counsel anticipate the need for a larger panel, e.g., in cases
with media attention or in cases involving a mutual insurance company
(which may be owned in part by one or more panel members), counsel
should alert the Court promptly upon calendaring of the case for trial.
26

4.

The jurors will enter the courtroom and be seated in the order

listed on the juror list. The Court will briefly inform the jury of the
name and nature of the case and then qualify the jurors. Ms. Edwards
will then call the name of each juror (one at a time) and have each juror
answer the questions on the list attached hereto as Exhibit A.

The

Court will then ask those questions proposed by the parties in the
Pretrial Order that the Court deems appropriate. One question will be
whether any juror knows any witness in the case, so counsel should be
prepared to identify the witnesses who may be called to testify (whether
live or by deposition). The jury will then be excused from the courtroom
for a ten-minute recess.
Once the jury is excused, the parties shall make motions to strike
any juror(s) for cause.
Prior to returning the jury to the courtroom, the Court will
consider any requests by counsel to ask any brief, follow-up questions to
any particular juror(s). After the Court rules on any such requests, the
jury will be brought back into the courtroom. After the Court asks the
follow-up questions (if any), counsel shall strike the jury. Each side
27

shall be entitled to three peremptory strikes. Ms. Edwards will pass
the peremptory strike sheet (Exhibit B hereto) back and forth between
counsel, beginning with Plaintiff, and counsel will write one juror
number to be stricken. This will continue until each side has exercised
its allotted strikes.
The Court will then call the names of the jurors who have been
selected, and they shall take a seat in the jury box.

At this time,

counsel may make motions challenging the makeup of the jury at a
sidebar. The remaining panel will be excused, and the selected jury will
be sworn.
5.

During opening statement, counsel may refer to the contents of,

and show the jury, exhibitsCprovided that counsel is unaware of a
genuine issue as to the admissibility of the exhibit into evidence and
counsel genuinely expects that each such exhibit will be admitted into
evidence.
6.

Both sides shall have enough witnesses on hand for each day’s

proceedings.

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7.

To assist the court reporter, all communications to the Court

should be made from a position at counsel table or from the lectern.
During trial, a portable microphone is available that will allow counsel
to move about the courtroom.

Any witness not testifying from the

witness stand must also use a portable microphone.
8.

Counsel should refrain from making disparaging remarks or

displaying ill will toward other counsel, and from causing or
encouraging any ill feeling among the litigants.
9.

Counsel and litigants are to refrain from making gestures, facial

expressions or audible comments as manifestations of approval or
disapproval of testimony, argument or rulings by the Court.
10.

Exhibits must be examined and marked before trial and need not

be shown to counsel during trial for the purpose of interposing
objections or foundational inquires.
11.

Because enlarged exhibits and demonstrative boards are often

placed on an easel in front of the jury and thus out of the Court’s view,
it would be helpful if counsel, when showing such an exhibit or board to
the jury, would please provide the Court with a small (e.g., letter- or
29

legal-sized) copy of the exhibit or board so that the Court can view its
contents.
12.

All papers intended for the Judge should be handed to the

courtroom deputy clerk, who will pass them to the Judge.
13.

Counsel should not ask the Judge for permission to approach a

witness in order to show the witness an exhibit or other document.
14.

Only one attorney per party may object to the testimony of a

witness being questioned by an opposing party. The objection must be
made by the attorney who has conducted or is to conduct the
examination of the witness.
15.

Examination of a witness should be limited to questions addressed

to the witness.

Counsel are to refrain from making extraneous

statements, comments or remarks during examination.
16.

Offers or requests for stipulations should be made privately, not

within the hearing of the jury.
17.

All requests for re-reading of questions or answers should be

addressed to the Judge.

30

18.

Counsel should refrain from putting any matter before the jury in

the form of a question that counsel knows or expects will be subject to
an objection that is likely to be sustained.

Such matters should be

taken up with the Court outside the presence of the jury.
19.

Counsel should not ordinarily make motions in the presence of the

jury. Such matters may be raised at the first recess or at sidebar. A
motion for mistrial must be made immediately, but the Court may
require argument at the next recess or excuse the jury.
20.

When making an objection, counsel shall state only the legal basis

of the objections (e.g., “leading” or “hearsay”) and should not elaborate,
argue, or refer to other evidence unless asked to do so by the Judge.
21.

Counsel are prohibited from addressing comments or questions to

each other. All arguments, objections and motions should be addressed
to the Court.
22.

The Court expects five to six hours of testimony per day in jury

trials and will not allow sidebar conferences or lengthy hearings outside
the presence of the jury to disrupt the orderly presentation of evidence.

31

23.

Ordinarily, the Court will charge the jury before closing

arguments.

IT IS SO ORDERED this 9th day of March, 2016.

_____________________
Timothy C. Batten, Sr.
United States District Judge

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Jury Questions
Please stand and answer the questions listed below, speaking loudly so
that everyone in the courtroom can hear you.
1.

State your name.

2.

In what city and county do you reside? How long have you lived
there? If less than one year at your current residence, where did
you reside previously?

3.

What is your present employment?
a.
Name of employer?
b.
What are your duties?
c.
How long so employed?
d.
If you had this job for less than 5 years, state your previous
occupation.

4.

What is your educational background?

5.

If married, what is your spouse=s occupation?

6.

Do you have children? If so, what are their ages? If you have
adult children, what is their employment status?

7.
Do you belong to any social, civic, political or religious
organizations?
8.

Have you ever attended law school or paralegal school?

9.

Have you ever been a party to a lawsuit other than a suit for
divorce or child custody?

10.

Have you ever served on a jury before? If so, where and when?
What kind of case was it? Did you reach a verdict? (Answer yes
Exhibit A

or no—do not indicate what the verdict was if one was reached.)
Did you happen to serve as the foreperson of the jury?
11.

What do you do for recreation?

Peremptory Strike Sheet
1.

Plaintiff’s first peremptory strike is juror number ___.
Defendant’s first peremptory strike is juror number ___.

2.

Plaintiff’s second peremptory strike is juror number ___.
Defendant’s second peremptory strike is juror number ___.

3.

Plaintiff’s third peremptory strike is juror number ___.
Defendant’s third peremptory strike is juror number ___.

Exhibit B