Bruce v. Bard Peripheral Vascular, Inc.

Filing 18

TRIAL PROCEDURAL ORDER: Signed by Judge Herman J. Weber on 1/5/2012. (eb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
TIMOTHY BRUCE,
Plaintiff
v.

CIVIL ACTION: C-1-11-452

BARD PERIPHERAL VASCULAR, INC.,
Defendant
TRIAL PROCEDURAL ORDER
The Court ORDERS that the parties shall comply with the following:
A.

EXPERT WITNESSES
The parties shall certify as part of the proposed Joint Final Pretrial Order that they have complied with

Fed. R. Civ. P. 26 pertaining to expert testimony. Additionally, the parties shall submit with the Joint Final
Pretrial Order a curriculum vitae and a binding summary of the written reports of the expert witnesses who will
testify at trial.
B.

WITNESS LIST
Upon filing of the Joint Pretrial Order, the parties shall file with the Court and submit a copy via email

([e-mail]) a list of witnesses who will testify or who will be available to testify.
When more than a combined total of 10 witnesses are listed to testify at trial, a detailed and binding summary
of the testimony of each witness shall be submitted.
Leave to call additional witnesses may be granted by the Court in unusual situations.

C.

PREPARATION OF EXHIBITS
(1)

Each of the parties shall assemble all documents, photographs or other materials expected to

be used at trial. Such documents or copies thereof properly identified shall be provided to all other parties on or
before FIVE BUSINESS DAYS PRIOR TO THE FILING OF THE PROPOSED JOINT FINAL PRETRIAL
ORDER.
(2)

Exhibits shall be presented to the Court as follows:
(a)

All documents, photographs and other materials expected to be used at Trial shall be

SUBMITTED TO THE COURT 5 BUSINESS DAYS PRIOR TO THE FINAL PRETRIAL CONFERENCE in
looseleaf notebooks as follows:
One set of looseleaf notebooks shall contain original exhibits with a
NUMBERED ORIGINAL EXHIBIT STICKER ON THE LOWER RIGHT HAND
CORNER OF THE DOCUMENT. This set of notebooks is submitted to the
Court for use by witnesses during trial, shall become part of the record and will
accompany the jury to the jury room where appropriate.
Two additional sets of notebooks shall be assembled using copies of original
exhibits after original exhibits have been marked with the appropriate exhibit
labels. These notebooks shall be submitted to the Court for its use during
trial.
In each notebook, the exhibit number shall also appear on a tab extending
beyond the notebook on the right hand side thereof.
A neutral list of the party=s exhibits shall be prepared by the parties which shall
be supplied to the jury during its deliberations. FOUR COPIES of the exhibit
list shall be provided to the Court and copies of the exhibits and the exhibit list
provided to each party.

(b)

THE PARTIES SHALL INCLUDE IN EACH VOLUME OF EXHIBITS, THE NEUTRAL

LIST OF THE EXHIBITS AND SHALL PROVIDE THE COURT WITH FOUR (4) EXTRA COPIES OF THE
EXHIBIT LIST AND WITNESS LIST.
(c)

Joint exhibits will bear Roman numerals; plaintiff exhibits - Arabic numbers; and

defendant exhibits - letters. Third-party exhibits may be marked with an identifying letter prefix.
(d)

If defendant exhibits will exceed 26, defense counsel must promptly advise opposing

counsel. In such event, both sides will identify exhibits by number as follows: Plaintiff: 1-499; 1000-1499; 20002499, etc.; Defendant: 500-999, 1500-1999, 2500-2999, etc.
(e)

Deposited exhibits shall be retrieved by counsel within 10 days of final disposition of

the case. Those not retrieved will be disposed of in accordance with Local Rule 79.2(b).
D.

JURY INSTRUCTIONS

Proposed jury instructions and Special Verdict Forms shall be submitted to opposing party 10 BUSINESS
DAYS prior to trial. The parties shall ELECTRONICALLY submit to the Court 5 BUSINESS DAYS BEFORE
trial, copies of their opponent's instructions and forms which are: underlined in BLUE as to those matters which
are correct statements of law; underlined in YELLOW as to those matters which are correct statements of law
but irrelevant; and, underlined in RED as to those matters which misstate the law.

THE PARTIES SHALL EMAIL ([e-mail]) TO THE COURT THEIR
PROPOSED JURY INSTRUCTIONS (word or wordperfect format). Instructions upon issues that could not
reasonably be foreseen in advance may be submitted at least 24 HOURS prior to final argument. Each
requested instruction must be presented on a separate page. Instructions must contain a citation of authority
upon which counsel relies. Instructions which do not contain such citations may be rejected.
E.

DEPOSITIONS, INTERROGATORIES AND ADMISSIONS
Depositions filed electronically with the Court shall be submitted to the Court in hard-copy FIVE

BUSINESS DAYS prior to the Final Pretrial Conference.
If any party intends to present evidence by depositions, admissions or interrogatories, the party shall
specify to the opposing party and the Court in the proposed Joint Final Pretrial Order those portions that will be
presented as evidence. The opposing party shall note objections to any portion of the depositions, admissions
or interrogatories in the proposed Joint Final Pretrial Order. No admission or interrogatory answer shall be
considered for admission in evidence unless they are attached to the proposed Joint Final Pretrial Order.
Where a necessity for the use of a deposition, admission or interrogatory develops unavoidably after the
proposed Joint Final Pretrial Order is submitted, leave to use such deposition, admission or interrogatory shall
be granted. The parties shall advise the Court as soon as the necessity to read a deposition, admission or
interrogatory becomes apparent.

Videotape presentation of a deposition or interrogatory must include a method for cutting off either
sound or the entire picture from the jury in situations where the Court must rule on objections to testimony.
Additionally, a written transcript of the deposition or copy of the interrogatory must be filed with the Court.
F.

HYPOTHETICAL QUESTIONS
In a jury trial, no opinion witness may be asked a complex hypothetical question on direct examination

unless the following procedure is observed. The question must be written in advance and submitted to the
Court and the opposing party no later than the beginning of the session at which it will be asked. Assumptions
must be separately numbered and identified as to source, i.e., testimony of a witness, deposition, admission,
etc.
G.

DEMONSTRATIVE EVIDENCE
If any sketches, models, diagrams or demonstrative evidence of any kind will be used during the trial

or in argument, they must be exhibited to opposing counsel at least 10 BUSINESS DAYS prior to trial.
Objections to such exhibits must be submitted to the Court for decision FIVE BUSINESS DAYS prior to trial.
H.

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
In a trial to the Court, at the time of the filing of the Joint Final Pretrial Order, each party shall

ELECTRONICALLY FILE WITH THE COURT Findings of Fact and Conclusions of Law which the parties
believe are necessary to be made to support a favorable judgment. Ten days thereafter each party shall
ELECTRONICALLY FILE AND PROVIDE A COURTESY COPY TO CHAMBERS its opponent's Findings of
Fact and Conclusions of Law underlined in the following manner:
1.

Underline in BLUE those Findings of Fact which are true;

2.

Underline in YELLOW those Findings of Fact which are true but irrelevant or
unimportant;

3.

Underline in RED those Findings of Fact which are not true; and

4.

Underline in RED any misstatement of law contained in the Conclusions of
Law.

I.

JOINT FINAL PRETRIAL ORDER
A Joint Final Pretrial Order in the attached form must be JOINTLY prepared and submitted by

counsel to the Court in every case which is not settled.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court

Rev: 2/15/07

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AO 187 (Rev. 7/87) Exhibit and Witness List
======================================================================================================================

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Plaintiff

EXHIBIT LIST

v.

CASE NO. ______________________

Defendant
Presiding Judge
Herman J. Weber

Plaintiff Attorney

Defendant Attorney

Trial Dates

Court Reporter

Courtroom Clerk
Darlene Maury

Pltf.
No.

Deft.
No.

Date
Used

Date

Description of Exhibit
Obj.

Offere
d

Adm
.

17
187 (

. 7/87)

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