Geloff v. O'Reilly Automotive Services, Inc.

Filing 30

ORDER for Pretrial Submissions by Magistrate Judge Charles S. Miller, Jr.(KT)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Alice Geloff,
Plaintiff,
vs.
O’Reilly Automotive, Inc., dba
O’Reilly Auto Parts,
Defendant.

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ORDER FOR PRETRIAL
SUBMISSIONS

Case No. 1:12-cv-040

IT IS ORDERED:
Prior to trial, counsel shall confer in person or by telephone for the purpose of examining and
marking exhibits as detailed below. Within two (2) days of trial, counsel shall e-mail the following
documents to [e-mail] in "Wordperfect" or "Word" format:
(1)

An exhibit list for each party;

(2)

A witness list for each party; and

(3)

Expert Reports.

Exhibits: Counsel are directed to complete the physical marking and numbering of all
papers and objects that are expected to be introduced as exhibits. The exhibits are to be marked with
an exhibit sticker. The parties must number the exhibits consecutively, with each party using
separate numbers with sufficient gaps for unanticipated or rebuttal exhibits (e.g., the plaintiff using
numbers P1-P20 and the defendant using numbers D50-D70). The exhibits shall be listed in the
form of the Exhibit List posted on the court's website (http://www.ndd.uscourts.gov/forms/).
Counsel must disclose and list all exhibits relating to an issue on which their client has the burden

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of proof or the burden of going forward with the evidence. Each listed exhibit shall be designated
as "will offer" or "may offer." Documents to be used solely for rebuttal purposes need not be
numbered or listed until identified at trial.
Failure to list an exhibit required by this order to be listed or to disclose such exhibit to
adverse counsel will result, except upon a showing of good cause, in the nonadmissibility of the
exhibit into evidence at the trial. Each party shall make its exhibits available for inspection by other
parties prior to trial
For each listed exhibit, counsel shall determine whether they will stipulate to admissibility
for all purposes or at least waive foundation for the opposing party's exhibits. The court strongly
encourages such agreement and expects counsel to waive foundation unless there is a strong, specific
objection to a particular exhibit. Any stipulation to admissibility or waiver of foundation shall be
indicated in the appropriate column on the exhibit list.
Witness Lists: Each party shall prepare a witness list, which shall include the following
information: (1) the name of the witness; (2) whether the witness "will be called" or "may be
called;"; (3) whether the testimony will be by written deposition, video deposition, or video
conference if the witness will not be appearing in person; and (4) whether or not the witness is an
expert.
Expert Reports: Copies of expert reports prepared in accordance with Rule 26(a)(2)(B) by
those experts the parties anticipate calling as witnesses shall be e-mailed to [e-mail] as a separate document.
IT IS SO ORDERED.
Dated this 24th day of September, 2013.

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/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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