Zimmerman v. Novartis Pharmaceuticals Corporation
Filing
92
MEMORANDUM AND ORDER setting deadlines. Deadline for submitting motions in limine due 7/30/12. Deadline for submitting pretrial order, proposedvoir dire questions, proposed jury instructions, and proposed verdict forms due 8/27/12. Pretrial conference scheduled for 10/22/12 3:00 p.m. in Courtroom 2C. Trial scheduled for 11/6/12 - 11/21/12.. Signed by Judge Roger W Titus on 11/8/11. (cms, Deputy Clerk)
UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
ROGER W. TITUS
6500 CHERRYWOOD LANE
GREENBELT, MARYLAND 20770
301-344-0052
UNITED STATES DISTRICT JUDGE
TO:
Counsel of Record
RE:
Zimmerman v. Novartis Pharmaceuticals Corporation
Civil Action No. RWT 08-2089
DATE:
November 8, 2011
Dear Counsel:
This will confirm the schedule that has been set in this case and provide certain instructions
relating to your pretrial and trial preparation.
Schedule
July 30, 2012
Deadline for submitting motions in limine.
August 27, 2012
Deadline for submitting pretrial order, proposed
voir dire questions, proposed jury instructions,
and proposed verdict forms.1
October 22, 2012
3:00 P.M.
Pretrial conference in Courtroom 2C (counsel only)
November 6, 2012
through
November 21, 2012
Trial
Voir Dire Questions, Jury Instructions and Verdict Forms
You should file jointly approved voir dire questions, jury instructions and verdict forms on or
before the date noted above. You should file separately any voir dire questions, jury instructions and
verdict forms upon which you cannot agree. All of your proposed voir dire questions, jury
instructions and verdict forms should also be sent to my chambers via email at
MDD_RWTChambers@mdd.uscourts.gov.
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All of these should be filed electronically.
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Your proposed joint voir dire should include a brief proposed statement to be read to the
venire panel explaining the nature of the case in general terms.
Your proposed jury instructions should (a) be typed one per page, (b) be numbered and
assembled in the order in which you request that they be read to the jury, and (c) include a citation of
the authorities supporting the instruction. Most of the judges of this Court utilize Sand & Siffert=s
Modern Federal Jury Instructions, and I encourage you to do so. If you choose to use Sand &
Siffert=s Modern Federal Jury Instructions, you may simply provide the Court with the numbers of
the instructions you wish to use, in the order in which you would like them read by the Court. If you
make any substantive changes to a Sand & Siffert instruction, you should provide the Court with that
instruction in redline form.
Guaranteeing Witness Availability
Absent emergency circumstances, a party will guarantee the presence at trial of any witness
that party lists in the pretrial order, in accordance with Local Rule 106.2.i., as Aexpecting to present@
at trial.
Disclosure of Opinions of Expert Witnesses
In addition to the information required by Local Rule 106.2.j, the pretrial order shall include
for each party a concise summary of the opinion testimony expected from each witness identified by
that party pursuant to Fed. R. Civ. P. 26(a)(2)(A) and (B) who may testify at trial. The parties shall
identify those witnesses designated pursuant to Rule 26(a)(2)(A) separately from those designated
pursuant to Rule 26(a)(2)(B).
Exhibits
Please be prepared to advise me at the pretrial conference if there are any objections to the
documents and exhibits listed in the pretrial order in accordance with Local Rule 106.2.h. Any
objections not disclosed at that time, other than objections under Fed. R. Evid. 401 and 403, shall be
deemed waived at trial, unless excused for good cause shown.
All exhibits must be tagged and numbered prior to trial in accordance with Local Rule
106.7.a. You must meet with one another prior to trial to review and make available for copying one
another=s exhibits in accordance with Local Rule 106.7.b.
Use of Courtroom Equipment
Please be prepared to advise me at the conference if you would like to use at trial any
courtroom equipment. The court has available for your use VCRs and monitors, x-ray boxes, and
electronic evidence presenters.
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Trial Instructions
Please read carefully the attached memorandum entitled AInstructions To Counsel Re Trial
Procedure And Conduct.@ You are responsible for knowing the contents of these instructions and all
of the provisions of Local Rule 107 concerning trial conduct.
Settlement
Unless the court is notified of any settlement no later than one full business day prior to the
day on which the trial is scheduled to begin, jury costs will be imposed in accordance with
Local Rule 107.4. Ordinarily, in civil cases 25-28 potential jurors are called as members of the
venire panel and the cost per juror is approximately $70.
Despite the informal nature of this ruling, it shall constitute an Order of Court, and the Clerk
is directed to docket it accordingly.
Very truly yours,
/s/
ROGER W. TITUS
UNITED STATES DISTRICT JUDGE
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INSTRUCTIONS TO COUNSEL RE TRIAL PROCEDURE AND CONDUCT2
1. Efficient Use of Courtroom Time
Please always be on time. It is important to anticipate objections in order to avoid unnecessary bench
conferences. When the jury is present, virtually every minute should be spent taking testimony.
2. Exhibits
A. You must pre-mark exhibits.
B. You should not formally move exhibits into evidence. Under Local Rule 107.5.b they are admitted
when they are first mentioned during the questioning of a witness unless the opposing party objects or unless
the party mentioning them asks that they be marked for identification only.
C. You may circulate exhibits to the jury without asking permission of the court provided you then
continue with questioning.
D. If you plan to use exhibit books, you should first confer with opposing counsel about their contents and
bring to the attention of the court any matters in dispute. Please provide copies for one lawyer per party, a
copy for the witness, a copy for the judge, and (at your option) a copy for each juror.
3. Witnesses
A. Treat witnesses with courtesy and respect and address them by their surnames (except persons under
the age of 18).
B. Do not appear to address yourself to jurors when questioning a witness.
4. Prohibited Questions and Remarks
A. Do not ask a witness whether it Awould surprise you to know@ that a certain event occurred.
B. Do not ask Aif I were to tell you that another witness testified to a certain fact, would you disagree with
him?@ (or Awas she lying@ or Anot telling the truth@?)
C. Do not remind a witness that he is under oath or ask whether he expects the jury to believe his
testimony.
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These instructions are based in part on Local Rule 107. You must be fully familiar with all
of the provisions of that Rule.
U.S. District Court (Rev. 9/1998)
5. Movement In The Courtroom
A. Please stand when addressing the court.
B. You may (unless recording or amplification equipment otherwise requires) ask questions of a witness
from any fixed location in the well of the court but you may not ask questions while pacing around the
courtroom.
C. You may approach a witness to show an exhibit without prior approval of the court but may not do so
for any other reason.
D. When addressing jurors, please stand a respectful distance away from them.
6. Objections
You should not make speaking objections or, unless invited to do so by the court, argue rulings in front of
the jury.
7. Opening Statements and Closing Arguments
A. Unless otherwise ordered by the court, no opening statement or closing argument (including rebuttal
argument) shall exceed one hour.
B. Exhibits and demonstrative aids may not be displayed to the jury during opening statement or closing
argument unless you have previously shown them to opposing counsel. Please also show any new
demonstrative aid you intend to display during closing argument to opposing counsel before doing so.
C. During closing argument you may not state your personal opinion as to the merits of your case, the
credibility of a witness, or the culpability of a civil litigant, or guilt or innocence of an accused.
8. Exclusion of Witnesses Rule and Talking to Witnesses on the Stand
Local Rule 107.7 describes the meaning of the exclusion of witness (sequestration) rule. Local Rule
107.14 describes when counsel may talk to a witness on the stand.
9. Beeper, Pagers and Cellular Telephones
Please turn off (and instruct your clients and witnesses to turn off) all audible beepers, pagers, and cellular
telephones before entering the courtroom.
10. Food and Drink
Please do not bring any food or drink (other than water) into the courtroom. If you want to use bottled
water, you should pour it into the pitchers provided by the court.
11. Use of Courtroom Telephone Prohibited
Please do not use the courtroom telephone unless authorized by the court.
U.S. District Court (Rev. 9/1998)
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