Gillis et al v. Murphy-Brown, LLC

Filing 219

ORDER granting 174 Motion for Order Governing Exhibits. Signed by Judge David A. Faber on 11/8/2018. (Herrmann, L.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
CASE NO: 7:14-CV-185-BR
ANNJEANETTE GILLIS, et al.,
Plaintiffs,
v.

ORDER

MURPHY-BROWN, LLC d/b/a
SMITHFIELD HOG PRODUCTION
DIVISION,
Defendant.
Pending before the court is defendant’s motion for an
Order Governing Demonstrative Exhibits. (ECF No. 174).

For good

cause shown, that motion is GRANTED and the court orders as
follows:
1.

Each party shall provide the other a copy of
demonstrative exhibits and/or visual aids
(hereinafter “demonstrative exhibits”) it intends
to use in opening no later than forty-eight hours
in advance of that opening statement;

2.

Demonstrative exhibits to be used during the
presentation of evidence shall be produced to
opposing counsel twenty-four hours before the
witness is to be called to the stand;

3.

Copies may be in electronic form and transmitted
electronically;

4.

Parties must raise any objections to a proposed
demonstrative exhibit as soon as possible and
outside the presence of the jury;

5.

Any exhibit not produced to opposing counsel may
not be used on direct examination absent good
cause;

6.

Any exhibit not produced may not be used on
redirect unless it relates to a new matter raised
on cross-examination and only then by first
proposing use of the exhibit on redirect before
displaying it to the jury;

7.

Any demonstrative exhibit used on direct or cross
examination shall be made available to opposing
counsel upon passing the witness;

8.

Counsel who use any demonstrative exhibit shall
provide a paper copy of that exhibit to opposing
counsel. Demonstrative exhibits should be clearly
marked as follows: 1) demonstrative exhibits used
by plaintiffs should be marked with YELLOW stickers
and labeled “Plaintiff DE ___"; and 2)
demonstrative exhibits used by defendant should be
marked with PINK stickers and labeled “Defendant DE
___". If either party wishes to make any
demonstrative exhibit a part of the record, that
party should tender any such exhibit after labeling
and numbering it to the courtroom deputy at the end
of the court day or before the jury is called in on
the following day. Demonstrative exhibits of this
nature will be made a part of the record for
purposes of appeal but not provided to the jury
during deliberations. IT IS THE PARTIES’ DUTY TO
PROVIDE A COPY OF THE EXHIBIT TO THE COURTROOM
DEPUTY AND FAILURE TO DO SO WILL RESULT IN THAT
EXHIBIT NOT BEING MADE A PART OF THE RECORD; and

9.

Materials to be used solely for cross-examination
need not be produced in advance but, if shown to
the jury with the permission of the court, the
above rules apply.

The Clerk is directed to send copies of this Order to all
counsel of record.
IT IS SO ORDERED this 8th day of November, 2018.
ENTER:
David A. Faber
Senior United States District Judge
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