Opinion
Case No. 2:02 CV 10 PGC.
July 16, 2004
PRE-TRIAL ORDER
The final pretrial conference in this matter is scheduled for Monday, July 19, 2004 at 2:00 pm. This case is set for a five-day jury trial to begin on August 2, 2004 at 8:00 a.m. The attorneys are expected to appear in court at 8:00 a.m. on the first day of trial for a brief pre-trial meeting and to resolve any remaining matters.
Counsel are instructed as follows:
1. Court-Imposed Deadlines.
The deadlines described in this order cannot be modified by a stipulation of the parties. Any party that believes an extension of time is necessary should make an appropriate motion to the court.
2. Pretrial Order.
The court has received the pre-trial order submitted by World Wide. The court requests the following additional supplementation:
(i) a statement of an estimated time for direct and cross-examination of each witness likely to be called;
(ii) a short (one paragraph) summary of the substance of the testimony of each witness; and
(iii) a projected total time for each side to present its case.
The court will work with the parties at the pretrial conference to prepare a time budget for both sides to insure the efficient presentation of evidence and timely conclusion of the trial.
3. Jury Instructions
The court has adopted its own standard general jury instructions, copies of which may be obtained from the court's website prior to trial. The court strongly prefers the parties use its chosen instructions where possible. The procedure for submitting proposed jury instructions is as follows:
(a) The parties must serve their proposed jury instructions on each other at least five business days before trial. The parties should then confer in order to agree on a single set of instructions to the extent possible.
(b) If the parties cannot agree upon one complete set of final instructions, they may submit separately those instructions that are not agreed upon. However, it is not enough for the parties to merely agree upon the general instructions and then each submit their own set of substantive instructions. The court expects the parties to meet, confer, and agree upon the wording of the substantive instructions for the case.
(c) The joint proposed instructions (along with the proposed instructions upon which the parties have been unable to agree) must be filed with the court at least two business days before trial. All proposed jury instructions must be in the following format:
(i) An original and one copy of each instruction, labeled and numbered at the top center of the page to identify the party submitting the instruction (e.g., "Joint Instruction No. 1" or "Plaintiff's Instruction No. 1"), and including citation to the authority that forms the basis for it.
(ii) If possible, electronically in WordPerfect format via email attachment sent to Karin_Fojtik@utd.uscourts.gov, without citation to authority. Any party unable to comply with this requirement should contact the court to make alternative arrangements.
(d) Each party should file its objections, if any, to jury instructions proposed by any other party no later than two business days before trial. Any such objections must recite the proposed instruction in its entirety and specifically highlight the objectionable language contained therein. The objection should contain both a concise argument why the proposed language is improper and citation to relevant legal authority. Where applicable, the objecting party must submit, in conformity with paragraph 3(c)(i)-(ii) above, an alternative instruction covering the pertinent subject matter or principle of law. Any party may, if it chooses, submit a brief written reply in support of its proposed instructions on the day of trial.
(e) All instructions should be short, concise, understandable, and neutral statements of law. Argumentative instructions are improper and will not be given.
(f) Modified versions of statutory or other form jury instructions (e.g., Federal Jury Practice and Instructions) are acceptable. A modified jury instruction must, however, identify the exact nature of the modification made to the form instruction and cite the court to authority, if any, supporting such a modification.
4. Special Verdict Form
The procedure outlined for proposed jury instructions will also apply to special verdict forms.
5. Requests for Voir Dire Examination of the Venire.
The parties may request that, in addition to its usual questions, the court ask additional specific questions to the jury panel. Any such request should be submitted in writing to the court and served upon opposing counsel at least two business days before trial. The court requests these additional questions be directly relevant to the issues in the case.
The court requests that all jurors fill out a questionnaire. A portion of the completed questionnaires are available after 3:00 p.m. the afternoon before the trial begins.
6. Trial Briefs
Each party should file a Trial Brief no later than five business days before trial. Such brief shall include a list of all witnesses to be called and a short statement as to the substance of each witness's testimony.
7. 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 on the court's website. The court requests strict compliance with these forms. Questions regarding the preparation of these lists may be directed to the courtroom deputy, Trisha Little, at 524-6135. All parties are required to pre-mark their exhibits to avoid taking up court time during trial for such purposes.
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.
(b) Stand as court is opened, recessed or adjourned.
(c) Stand when the jury enters or retires from the courtroom.
(d) Stand when addressing, or being addressed by, the court.
(e) In making objections and responding to objections to evidence, counsel should state the legal grounds for their objections with brief reference to the rule of evidence or doctrine upon which they rely. For example, "Objection . . . inadmissible under Rule 402," or "Objection . . . hearsay." The court strongly encourages the parties to stipulate to the admissibility of evidence before trial.
(f) Sidebar conferences are discouraged. Most matters requiring argument should be raised during recess or, of course, prior to trial in a motion in limine. Please plan accordingly.
(g) Counsel need not ask permission to approach a witness in order to briefly hand the witness a document or exhibit.
(h) 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 prohibited.
(i) 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.
(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.
SO ORDERED.