Phelps-Roper v. Heineman et al

Filing 269

ORDER RE: TRIAL PREPARATION (CIVIL NON-JURY TRIAL). Ordered by Chief Judge Laurie Smith Camp. (JB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHIRLEY L. PHELPS-ROPER,
Plaintiff,
v.
DAVE HEINEMAN, et al.,
Defendants.
1.

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CASE NO. 4:09CV3268

ORDER RE: TRIAL PREPARATION
(CIVIL NON-JURY TRIAL)

CIVIL TRIAL SCHEDULE:
This matter is scheduled for trial the week of March 16, 2015, and the first day of trial
will be Tuesday, March 17, 2015, subject only to the Court’s need to commence any
previously scheduled criminal trial in which a Speedy Trial Act deadline exists.
Generally, but not always, cases begin on Tuesday of the trial week.

2.

PRETRIAL MOTIONS:
A.

Continuance

Motions to continue trial are referred to Magistrate Judge F.A. Gossett for decision.
Any motion to continue trial must be filed electronically, together with a supporting
affidavit, as soon as is practicable. The moving party shall send a proposed order to
Magistrate Judge Gossett at [e-mail].
B.

Evidentiary Hearings

Please notify my chambers by email at [e-mail] immediately
upon filing any pretrial motion requiring an evidentiary hearing pursuant to Fed. R. Evid.
104 so that a hearing may be held within sixty (60) days before trial. Absence of a
request for an evidentiary hearing before trial may be deemed a waiver of such
hearing. If the requested evidentiary hearing involves a Daubert-Kumho question
regarding an expert, the expert’s disclosure under Fed. R. Civ. P. 26(a)(2) must be
submitted to my chambers by email when the motion for the Rule 104 hearing is filed.
All other material regarding a requested Rule 104 hearing must be submitted to my
chambers by email when the motion for a Rule 104 hearing is filed. Each party must
also file a brief electronically regarding each question raised by a motion requiring a
Rule 104 hearing.

3.

PRETRIAL SUBMISSIONS:
A.

B.

Exhibit List: At least seven (7) days before the scheduled date of trial, each
party shall email an exhibit list as required by NECivR 16.2(a)(1) to my
chambers at [e-mail] in Microsoft Word or Wordperfect
format. If the exhibit list was not incorporated into the final pretrial order, then
the exhibit list should also be filed electronically with the Clerk of the Court at
least seven (7) days before the scheduled date of trial.

C.

Witness List: At least seven (7) days before the scheduled date of trial, each
party shall email a witness list as required by NECivR 16.2(a)(2)(D) to my
chambers at [e-mail] in Microsoft Word or Wordperfect
format. If the witness list was not incorporated into the final pretrial order, then
the witness list should also be filed electronically with the Clerk of the Court at
least seven (7) days before the scheduled date of trial.

D.

Proposed Findings of Fact: Proposed findings of fact as required by
NECivR 52.1 shall be filed electrically with the Clerk of the Court at least seven
(7) days before the scheduled date of trial.

E.

4.

Trial Brief: At least seven (7) days before the scheduled date of trial, a trial
brief as required by NECivR1 39.2(a) shall be filed electronically with the Clerk
of the Court.

Conclusions of Law: Proposed conclusions of law shall be filed electronically
with the Clerk of the Court at least seven (7) days before the scheduled date of
trial.

DISCOVERY MATERIAL:
Parties seeking to submit materials in a manner different from the following
requirements must seek authorization from the court. Unless the court orders
otherwise, materials submitted in a manner outside the following requirements may be
deemed withdrawn. Use of discovery material as substantive evidence is controlled
by the Pretrial Order and the following requirements:

1

NECivR refers to the local rules for the District of Nebraska. The 2014 rules can be found at
http://www.ned.uscourts.gov/attorney/local-rules.

2

A.

Depositions:
Proponent: The party seeking to use a deposition at trial must email a copy
of the deposition to my chambers at [e-mail] at least 24
hours before the deposition is to be presented at trial. If less than the entire
deposition will be offered, the proponent must deliver: (1) a list or index
designating by page and line(s) the testimony to be offered, and (2) a copy of
the entire deposition with highlighted parts to be offered.
Objections: The party seeking to use a deposition at trial must also submit a
list or index of unresolved objections to the court in a motion in limine filed
electrically with the Clerk of the Court at least 24 hours before the deposition is
to be presented at trial. The list or index of objections must identify the location
of the objection by page and line as well as the precise nature of the objection.

B.

Video Depositions:
Proponent: At least seven (7) days before trial, the party seeking to use a
video deposition must email a copy of the transcript to my chambers at
[e-mail].
Objections: The party seeking to use a video deposition must also submit a
list or index of unresolved objections to the court in a motion in limine filed
electronically with the Clerk of the Court at least seven (7) days before trial as
required by NECivR 30.1(f). The list or index of objections must identify the
location of the objection by page and line as well as the precise nature of the
objection. After the court rules on the unresolved objections, the party seeking
to use the video deposition must then edit the video as required by NECivR
32.1.

C.

Interrogatories and Requests for Admissions:
Proponent: At least seven (7) days before trial, a party seeking to use
interrogatories or requests for admission must email a copy of the
interrogatories or requests for admissions to my chambers at
[e-mail].
Objections: The party seeking to use the interrogatories or requests for
admissions must also submit a list or index of unresolved objections to the court
in a motion in limine filed electronically with the Clerk of the Court at least seven
(7) days before trial. The list or index of objections must identify the location of
the objection by page and line as well as the precise nature of the objection.
3

These requirements apply to answers to interrogatories and requests for
admissions including matters deemed admitted because unanswered. See
Fed. R. Civ. P. 36(a).
5.

EXHIBITS:
A.

B.

Original Exhibits:
The parties should deliver original exhibits to the court in accordance with
NECivR 39.3. Exhibits shall be properly listed and identified on the exhibit form
supplied by the Clerk of Court’s Office, also available at the court website:
www.ned.uscourts.gov/local/local.html.

C.

6.

Court’s Copies:
Each proponent of exhibits must prepare two copies of each original exhibit to
be offered. Each set of copies must be placed in three-ring binders. The
binders must be numbered in accordance with NECivR 39.3(d) and organized
by dividers and numbered tabs for quick retrieval of copies of exhibits during
trial. The binders with copies of exhibits must be delivered to chambers no later
than seven (7) days before the scheduled date of trial. The copies of exhibits
delivered to chambers are not the original exhibits to be used at trial.

Marking of Exhibits:
The parties should number exhibits as required by NECivR 39.3(d). Plaintiff’s
exhibits will begin with number “1.” Defendant’s exhibits will begin with the
three-digit number rounded to the next hundred after plaintiff’s last exhibit.
Additionally, all exhibits must be pre-marked with stickers that indicate whether
the government, the plaintiff, or the defendant is offering the exhibit.

WITNESSES:
A.

Lists:
A party’s witness list shall include the full name and address for each such
witness. Witnesses who do not appear to testify when scheduled will be
considered withdrawn.

B.

Rule 26 Disclosures and Reports:
At least seven (7) days before trial, the proponent of an expert witness must
email a copy of Fed. R. Civ. P. 26(a)(2) disclosures to chambers at
[e-mail] for each expert witness identified in the Pretrial
Order. Any expert whose Rule 26 disclosure is not received by the court within
seven (7) days before trial, or earlier if requested by the court, will be
considered withdrawn.

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7.

REQUESTS FOR INTERPRETERS OR COURTROOM EQUIPMENT:
Interpreters: A party requiring an interpreter must notify the courtroom deputy by email
at [e-mail] or by phone at [phone] at least
seven (7) days before trial.
Courtroom Equipment: Information regarding courtroom technology is available at
www.ned.uscourts.gov/attorney/courtroom-technology. Technology in Judge Smith
Camp's courtroom includes: a large flat screen television, document cameras
(ELMOs), attorney & witness monitors with annotation abilities, jury box monitors for
viewing evidence, video conferencing, telephone conferencing, VHS/DVD player,
headsets for the hearing impaired, an easel, and table interfaces at attorney tables to
allow connection to laptops for displaying digital documents, video, etc.. Parties
requesting a time for technology training, parties requesting the use of the document
cameras (ELMOs), and/or parties intending to play a video recording during trial must
contact the courtroom deputy by email or phone (listed above) no later than three (3)
working days before trial.

8.

CONDUCT OF TRIAL:
Trial will commence at 9:00 a.m. each day, unless otherwise ordered. Examination of
witnesses will be by direct, cross, and redirect examination, but not recross unless
authorized by the court.

9.

SETTLEMENT:
By noon on the Friday before trial is scheduled to occur, counsel for all parties shall
contact chambers to receive instructions regarding how the court may be notified of
any settlement reached when the court is not open for business. It is the responsibility
of the counsel for all parties to notify the court immediately of any settlement.
DATED this 18th day of February, 2015.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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