Anderson vs John Doe, et al

Filing 66

ORDER FOR PREPARATION OF JURY INSTRUCTIONS. Proposed Jury Instructions due no later than 2/12/2019. See Order for specific details and information. Signed by Magistrate Judge William G. Cobb on 11/29/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RANDALL EUGENE ANDERSON,
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Plaintiff,
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vs.
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WARREN G. FENTON, et al.,
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Defendants.
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____________________________________)

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3:17-cv-00486-WGC
ORDER FOR PREPARATION
OF JURY INSTRUCTIONS

All proposed jury instructions are required to be filed and served no later than Tuesday,

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February 12, 2019. Jury instructions are to be submitted in the following format:

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(a)
The parties are required to jointly submit one set of agreed
upon instructions. To accomplish this, the parties are required to
serve their proposed instructions upon each other two weeks prior to
trial. The parties should then meet, confer, and submit to the court
one complete set of agreed upon instructions.

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(b)
If the parties cannot agree upon one complete set of
instructions, they are required to submit one set of those instructions
that have been agreed upon, and each party should submit a
supplemental set of instructions which are not agreed upon.

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(c)
Each party should then file its objections to the non-agreed
upon instructions proposed by the other party. Any and all objections
shall be in writing and shall set forth the proposed instruction
objected to in its entirety. The objection should then specifically set
forth the objectionable material in the proposed instruction. The
objection shall contain citation to authority explaining why the
instruction is improper and a concise statement of argument
concerning the instruction. Where applicable, the objecting party
shall submit an alternative instruction covering the subject or
principle of law.

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///

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(d)
The parties are required to submit the proposed joint set of
instructions and proposed supplemental instructions in the following
format:
(i)

there must be two copies of each instruction;

(ii)
the first copy should indicate the number of the
proposed instruction, the instruction and the authority supporting the
instruction;
(iii) the second copy should contain only the proposed
instruction--there should be no other marks or writings on the second
copy except for the word "Instruction # " in the bottom margin. (See
Attachment 1, attached hereto.)

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(e)
All instructions should be short, concise, understandable, and
neutral statements of law. Argumentative or formula instructions are
improper, will not be given, and should not be submitted.

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(f)
The parties are encouraged to utilize the pattern civil jury
instructions of the Court of Appeal for the Ninth Circuit:
http://www3.ce9.uscourts.gov/jury-instructions/model-civil

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(g)
Failure to comply with any of the above instructions may
subject the noncomplying party and/or its attorneys to sanctions.

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(h)
Counsel are to e-mail a copy of all jury instructions to
[e-mail].

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IT IS SO ORDERED.
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DATED: November 29, 2018.
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________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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In reaching your verdict you may consider only the testimony and exhibits received into

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evidence. Certain things are not evidence, and you may not consider them in deciding what the facts

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are. I will list them for you.

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1.

Questions and objections are not evidence. You should not be influenced by the

court’s ruling on them.

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2.

Testimony that has been excluded or stricken, or that you have been instructed to

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disregard, is not evidence and must not be considered. In addition, some testimony and exhibits have

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been received only for a limited purpose; where I have given a limiting instruction, you must follow

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it.

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3.

Anything you may have seen or heard when the court was not in session is not

evidence. You are to decide the case solely on the evidence received at trial.

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Instruction #______
ATTACHMENT 1