Opinion
Civil No. 2:03-CV-430-TS
May 13, 2004
TRIAL ORDER
The final pretrial conference in this matter is scheduled for November 16, 2004, at 3:00 p.m.
This case is set for a 4-day bench trial to begin on November 30, 2004, at 8:30 a.m.
Counsel are instructed as follows:
1. Court-Imposed Deadlines.
The deadlines described in this order cannot be modified or waived in any way by a stipulation of the parties. Any party that believes an extension of time is necessary must make an appropriate motion to the court.
2. Pretrial Order.
At the pretrial conference, plaintiff is to file a joint proposed pretrial order which has been approved by all counsel. The pretrial order should conform generally to the requirements of DuCivR 16-land to the approved form of pretrial order which is reproduced as Appendix IV to the Rules of Practice for the U.S. District Court for the District of Utah.
3. Findings of Fact and Conclusions of Law
At the conclusion of all non-jury trials, counsel for each party will be instructed to file with the court proposed findings of fact and conclusions of law. The date of submission will vary, depending upon the need for and availability of a transcript of trial and the schedule of court and counsel. Findings of fact should be supported, if possible, by reference to the record. For that reason, the parties are urged to make arrangements with Ms. Patti Walker, the Court Reporter, for the preparation of a trial transcript. Conclusions of law must be accompanied by citations to supporting legal authority.
The proposed findings of fact and conclusions of law should be submitted to chambers both in hard copy and on a 3.5" high density computer diskette formatted for WordPerfect 6.1 through 8.0.
4. Trial Briefs
Each party should file a Trial Brief no later than five business days before trial.
5. Motions in Limine
All motions in limine are to be filed with the court at least five business days before trial, unless otherwise ordered by the court.
6. Exhibit Lists/Marking Exhibits
All parties are required to prepare an exhibit list for the court's use at trial. The list contained in the pretrial order will not be sufficient; a separate list must be prepared. Plaintiffs should list their exhibits by number; defendants should list their exhibits by letter. Standard forms for exhibit lists are available at the clerk's office, and questions regarding the preparation of these lists may be directed to the courtroom deputy, Sandy Malley at 524-6617. All parties are required to pre-mark their exhibits to avoid taking up court time during trial for such purposes.
7. In Case of Settlement
If the case is settled, counsel must advise a member of the court's staff by means of a personal visit or by person-to-person telephonic communication.
8. Courtroom Conduct
In addition to the rules outlined in DUCivR 43-1, the court has established the following ground rules for the conduct of counsel at trial:
(a) Please be on time for each court session. In most cases, trial will be conducted from 8:30 a.m. until 1:30 p.m., with two short (fifteen minute) breaks. Trial engagements take precedence over any other business. If you have matters in other courtrooms, arrange in advance to have them continued or have an associate handle them for you.
(b) Stand as court is opened, recessed or adjourned.
(c) Stand when addressing, or being addressed by, the court.
(d) In making objections and responding to objections to evidence, counsel should state the legal grounds for their objections with reference to the specific rule of evidence upon which they rely. For example, "Objection . . . irrelevant and inadmissible under Rule 402." or "Objection . . . hearsay and inadmissible under Rule 802."
(e) Counsel need not ask permission to approach a witness in order to briefly hand the witness a document or exhibit.
(f) Address all remarks to the court, not to opposing counsel, and do not make disparaging or acrimonious remarks toward opposing counsel or witnesses. Counsel shall instruct all persons at counsel table that gestures, facial expressions, audible comments, or any other manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited.
(g) Refer to all persons, including witnesses, other counsel, and parties, by their surnames and NOT by their first or given names.
(h) Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections during direct examination shall be the attorney recognized for cross examination.
(i) In opening statements and arguments to the court, counsel shall not express personal knowledge or opinion concerning any matter in issue. The following examples would be improper: "I believe the witness was telling the truth" or "I found the testimony credible."
(j) When not taking testimony, counsel will remain seated at counsel table throughout the trial unless it is necessary to move to see a witness. Absent an emergency, do not leave the courtroom while court is in session. If you must leave the courtroom, you do not need to ask the court's permission. Do not confer with or visit with anyone in the spectator section while court is in session. Messages may be delivered to counsel table provided they are delivered with no distraction or disruption in the proceedings.