Wood v. Corrections, ID Dept, et al

Filing 456

TRIAL SETTING ORDER, ( Pretrial Motions due by 2/11/2013., Telephonic Final Pretrial Conference set for 3/20/2013 03:00 PM in Telephonic Hearing - Boise Chambers before Judge B. Lynn Winmill., Jury Trial set for 4/8/2013 01:30 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

LANCE CONWAY WOOD,
Plaintiff,

Case No. 3:04-cv-00099-BLW
TRIAL SETTING ORDER

vs.
IDAHO DEPARTMENT OF
CORRECTIONS, et. al.,
Defendant.

IT IS HEREBY ORDERED that the following pretrial and trial schedule shall
govern the remainder of this case.
1.

Disclosure of Witnesses: Both parties shall disclose all lay and expert
witnesses intended to be called at trial and a summary of the substance of
their testimony no later than February 8, 2013.

2.

Pretrial Conference. A telephonic pretrial conference shall be held on
March 20, 2013, at 3:00 p.m. Counsel for Defendants shall initiate the
conference call, using a conference call operator, to the Court at 334-9145.

3.

Pretrial Motions. All pretrial motions, including motions in limine shall be
filed no later than February 11, 2013. Responses shall be filed by
February 22, 2013. The parties shall be prepared to argue the motions at

TRIAL SETTING ORDER - 1

the pretrial conference on March 20, 2013, if the Court deems argument
necessary.
4.

Requests for Transport of Prisoner Witnesses and for Issuance of
Subpoenas. All requests for the transport of prisoner witnesses to trial shall
be made no later than February 8, 2013. All requests for subpoenas for any
witnesses who must be subpoenaed to trial (to include their full names and
physical service address) shall be made no later than February 8, 2013.

5.

Exhibit Lists, Exhibits, Proposed Voir Dire, Proposed Jury Instructions,
Trial Briefs: All exhibit lists, proposed voir dire, proposed jury
instructions, and trial briefs shall be filed with the Court no later than
February 8, 2013. On the same date, the parties shall exchange all trial
exhibits, but shall not provide them to the Court until the day of trial.
Counsel shall provide the Court with one set of original pre-marked exhibits
only. Because of the use of electronic evidence presentation systems, it is
unnecessary to provide any copies. Counsel may wish to have available in
the courtroom a copy of any exhibits which the Court may find difficult to
review through the evidence presentation system. The exhibit lists shall
follow the guidelines set out in Local Rule 16.1(f) to the extent it is not
inconsistent with this Order. The exhibit lists shall be prepared on the form
provided by the Deputy Clerk, with sufficient copies for the Judge, the
Deputy Clerk, and the Law Clerk. Exhibit numbers 1 through 999 shall be
reserved for joint exhibits; exhibit numbers 1000 through 1999 shall be

TRIAL SETTING ORDER - 2

reserved for plaintiff’s exhibits; and exhibit numbers 2000 through 2999
shall be reserved for the defendants listed on the caption. Counsel shall
review their exhibits, determine any duplication, and jointly mark and
stipulate to the admission of those exhibits that both sides intend to offer
and rely upon. The proposed jury instructions shall follow the guidelines
set out in Local Rule 51.1 to the extent it is not inconsistent with this Order.
6.

Jury Trial: A five-day jury trial is set for April 8, 2013, at 1:30 p.m.
through April 12, 2013, in the James A. McClure Courthouse, 500 West
Fort Street, Boise, Idaho.

7.

Trial Procedures:
a.

The Court will generally control voir dire, and counsel will be
limited to 20-30 minutes. Counsel are cautioned not to repeat
questions already asked by the Court or other counsel and are
advised that the Court will not permit voir dire which appears
intended to influence the jury rather than explore appropriate
concerns with a juror’s ability to be fair and impartial.

b.

Counsel shall exercise good faith in attempting to reach a stipulation
on undisputed facts and admission of exhibits.

c.

During trial, the jury will be in the box hearing testimony the entire
trial day between 9:00 a.m and 5:00 p.m., except for the standard
fifteen minute morning and afternoon recesses, and the lunch recess.
During the time the jury is in the jury box, no argument, beyond on-

TRIAL SETTING ORDER - 3

sentence evidentiary objections, shall be allowed to interrupt the
flow of testimony. If counsel have matters that need to be resolved
outside the presence of the jury, they are to advise the Court and
counsel prior to the issue arising during trial so that it can be heard
during a recess, or before or after the jury convenes. Where the need
for such a hearing cannot be anticipated, the Court will direct the
examining counsel to avoid the objectionable subject and continue
on a different line of questioning so that the objection can be argued
and resolved at the next recess. To avoid late-night sessions, counsel
are advised to bring up all anticipated evidentiary questions in their
pretrial briefs.
d.

Counsel shall have enough witnesses ready to ensure a full day of
testimony. If witnesses are unavoidable delayed, counsel shall
promptly notify the court and opposing counsel.

e.

DATED: January 15, 2013

B. LYNN WINMILL
Chief U.S. District Court Judge

TRIAL SETTING ORDER - 4