The Law Mind

ORDER RE JURY TRIAL.06-20 — District Judge Dale S. Fischer

C.D. Cal. Judge Order (District Judge Dale S. Fischer) · District Judge Dale S. Fischer

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ) CASE NO. ) 12 Plaintiff(s), ) ORDER RE JURY TRIAL ) 13 ) I. DEADLINES v. ) 14 ) A. Motion to Amend Pleadings or Add ) Parties Cut-off: 15 ) ) B. Discovery Cut-off: 16 ) Defendant(s). ) C. Expert Witness Exchange Deadline 17 ) Initial: ) Rebuttal: 18 ) Cut-off: 19 D. Motion Hearing Cut-off: 20 E. ADR Cut-off: 21 F. Trial Documents (Set One): 22 G. Trial Documents (Set Two): 23 H. Pretrial Conference: @ 3:00 p.m. 24 I. Trial Date: @ 8:30 a.m. 25 II. TRIAL PREPARATION 26 III. CONDUCT OF ATTORNEYS AND PARTIES 27 28 revised 11-5-20 1 I 2 DEADLINES 3 A. PARTIES/PLEADINGS 4 The Court has established a cut-off date for adding parties or amending 5 pleadings. All motions to add parties or to amend the pleadings must be noticed 6 to be heard on or before the cut-off date. All unserved parties will be dismissed at 7 the time of the pretrial conference pursuant to Local Rule 16-8.1. 8 B. DISCOVERY AND DISCOVERY CUT-OFF 9 1. Discovery Cut-off: The Court has established a cut-off date for 10 discovery and expert discovery if applicable. This is not the date by which 11 discovery requests must be served; it is the date by which all discovery, including 12 all hearings on any related motions, is to be completed. The parties should review 13 carefully any motion requirements of the assigned magistrate judge to ensure that 14 motions are made timely. 15 2. Discovery Disputes: Counsel are expected to comply with all Local 16 Rules and the Federal Rules of Civil Procedure concerning discovery. Whenever 17 possible, the Court expects counsel to resolve discovery problems among 18 themselves in a courteous, reasonable, and professional manner. The Court 19 expects that counsel will adhere strictly to the Civility and Professionalism 20 Guidelines, which can be found on the Court’s website under “Attorney 21 Information>Attorney Admissions.” 22 3. Discovery Motions: Any motion challenging the adequacy of discovery 23 responses must be filed, served, and calendared sufficiently in advance of the 24 discovery cut-off date to permit the responses to be obtained before that date if the 25 motion is granted. 26 4. Depositions: All depositions must commence sufficiently in advance of 27 the discovery cut-off date to permit their completion and to permit the deposing 28 party enough time to bring any discovery motions concerning the deposition revised 11-5-20 -2- 1 before the cut-off date. 2 5. Written Discovery: All interrogatories, requests for production of 3 documents, and requests for admissions must be served sufficiently in advance of 4 the discovery cut-off date to permit the discovering party enough time to 5 challenge (via motion practice) responses deemed to be deficient. 6 6. Expert Discovery: All disclosures must be made in writing. The parties 7 should begin expert discovery shortly after the initial designation of experts. The 8 pretrial conference and trial dates will not be continued merely because expert 9 discovery is not completed. Failure to comply with these or any other orders 10 concerning expert discovery may result in the expert being excluded as a witness. 11 C. MOTIONS 12 The Court has established a cut-off date for the hearing of motions. All 13 motions must be noticed so that the hearing takes place on or before the motion 14 cut-off date. Counsel must provide Chambers with conformed paper chambers 15 copies of all documents. Chambers copies should not be put in envelopes. 16 Counsel should consult the Court’s Standing Order, previously provided, to 17 determine the Court’s requirements concerning motions. A copy of the Standing 18 Order is also available on the Court’s website at www.cacd.uscourts.gov>Judges’ 19 Procedures and Schedules>Hon. Dale S. Fischer. 20 D. PRETRIAL CONFERENCE 21 1. A pretrial conference date has been set pursuant to Rule 16 of the 22 Federal Rules of Civil Procedure and Local Rule 16-8. Each party appearing in 23 this action must be represented at the pretrial conference by the attorney who is to 24 have charge of the conduct of the trial on behalf of such party, unless excused for 25 good cause. Counsel should not claim to be co-lead trial counsel for the purpose 26 of avoiding this requirement. If counsel purport to be co-lead trial counsel, both 27 must attend the pretrial conference. Counsel should be prepared to discuss 28 streamlining the trial, including presentation of testimony by deposition excerpts revised 11-5-20 -3- 1 or summaries, time limits, stipulations to admission of exhibits and undisputed 2 facts. 3 2. STRICT COMPLIANCE WITH LOCAL RULE 16 IS REQUIRED. 4 THIS ORDER SETS FORTH SOME DIFFERENT AND SOME ADDITIONAL 5 REQUIREMENTS. THIS COURT DOES NOT EXEMPT PRO PER PARTIES 6 FROM THE REQUIREMENTS OF RULE 16. Carefully prepared memoranda of 7 contentions of fact and law, witness lists, a joint exhibit list, and a proposed 8 pretrial conference order must be submitted in accordance with the Rules and this 9 Order, and the format of the proposed pretrial conference order must conform to 10 the format set forth in Appendix A to the Local Rules. Failure of documents to 11 comply with these requirements may result in the pretrial conference being taken 12 off-calendar or continued, or in other sanctions. 13 3. The memoranda of contentions of fact and law, witness lists, and the 14 joint exhibit list must be filed not later than the dates set by the Court. 15 4. In addition to the requirements of Local Rule 16, the witness lists must 16 include a brief (one or two paragraph) description of the testimony, and a time 17 estimate for both direct and cross-examination (separately stated). If two or more 18 witnesses will testify on the same topics, counsel must explain why more than one 19 witness is necessary. A separate version of the witness list containing only the 20 names of the witnesses and a separate column to insert the dates on which the 21 witness testified, and the joint exhibit list, must be submitted to the Chambers 22 email box in Word format. Mandatory paper chambers copies must also be 23 submitted. 24 5. Other documents to be filed in preparation for, and issues to be 25 addressed at, the pretrial conference are discussed below. 26 E. ALTERNATIVE DISPUTE RESOLUTION (ADR) 27 PROCEDURES/NOTICE OF SETTLEMENT 28 1. Counsel must complete an ADR proceeding no later than the date set by revised 11-5-20 -4- 1 the Court. 2 2. No case will proceed to trial unless all parties, including an officer of all 3 corporate parties (with full authority to settle the case), have appeared personally 4 at an ADR proceeding. 5 3. If settlement is reached, it must be reported immediately to the 6 courtroom deputy clerk (CRD) as required by Local Rule 16-15.7 regardless of 7 the day or time settlement is reached. In addition, counsel must immediately send 8 a notification of the settlement to the Chambers email box. 9 4. In all cases set for jury trial, the parties must notify the Court no later 10 than the Wednesday preceding the Tuesday trial date of any settlement so that the 11 necessary arrangements can be made to schedule a different case for trial or notify 12 the members of the public who would otherwise be reporting for jury duty that 13 their services are not needed on that date. 14 5. Failure to comply with these notification requirements will cause 15 counsel/parties to be charged for the costs related to processing jurors and may 16 result in the imposition of sanctions on counsel for one or more parties, their 17 clients, or both. 18 II 19 ADDITIONAL TRIAL PREPARATION 20 A. MOTIONS IN LIMINE 21 All motions in limine must be filed by the date established by the Court. 22 Each side is limited to five motions in limine unless the Court orders otherwise for 23 good cause shown. Counsel are to meet and confer to determine whether 24 opposing counsel intends to introduce the disputed evidence, etc. and to attempt to 25 reach an agreement that would obviate the motion. Opposition must be filed by 26 the date established by the Court. The Court generally will rule on motions in 27 limine at the pretrial conference. Motions in limine should address specific issues 28 (i.e., not “to exclude all hearsay,” etc.). Motions in limine should not be disguised revised 11-5-20 -5- 1 motions for summary adjudication of issues. 2 B. JURY INSTRUCTIONS, SPECIAL VERDICT FORMS, VOIR 3 DIRE, JURY SELECTION 4 1. At least fourteen days before the meeting of counsel required by Local 5 Rule 16-2 (which must occur at least 40 days before the date set for the pretrial 6 conference), plaintiff(s) counsel must serve on defense counsel proposed jury 7 instructions and proposed verdict/special verdict forms. Within 7 days, defense 8 counsel must serve objections, if any, to those instructions and verdict forms, as 9 well as any proposed alternative or additional instructions and verdict forms. 10 Before or at the Rule 16-2 meeting, counsel must attempt to come to agreement on 11 the proposed jury instructions and verdict forms. 12 2. When the Manual of Model Jury Instructions for the Ninth Circuit 13 provides an applicable jury instruction, the parties should submit the most recent 14 version, modified and supplemented to fit the circumstances of this case. Where 15 language appears in brackets, the appropriate language should be selected. All 16 blanks should be completed. Where California law applies, counsel should use 17 the current edition of California Jury Instructions -- Civil (BAJI or CACI). If 18 neither is applicable, counsel should consult the instructions manuals from other 19 circuits or states, as applicable. When submitting other than Ninth Circuit or 20 California instructions, counsel should be sure that the law on which the 21 instruction is based is the same as Ninth Circuit law (or California or other state 22 law, if applicable) on the subject. Counsel may submit alternatives to the Ninth 23 Circuit model jury instructions, or BAJI or CACI, only if counsel has a reasoned 24 argument that those instructions do not properly state the law or they are 25 incomplete. 26 3. The Court has its own introductory instructions (instructions read before 27 opening statements). Counsel should provide only instructions to be read after the 28 evidence has been submitted or that may be appropriate during trial. revised 11-5-20 -6- 1 4. Each requested instruction must (a) cite the authority or source of the 2 instruction, (b) be set forth in full, (c) be on a separate page, (d) be numbered, (e) 3 cover only one subject or principle of law, and (f) not repeat principles of law 4 contained in any other requested instruction. 5 5. By the date set by the Court, counsel must file with the Court and submit 6 (electronically to the Chambers email box and in paper form) a JOINT set of jury 7 instructions on which there is agreement. The Court expects counsel to agree on 8 the substantial majority of jury instructions, particularly when pattern or model 9 instructions provide a statement of applicable law. If one party fails to comply 10 with the provisions of this section, the other party must file a unilateral set of jury 11 instructions, unless that party wishes to waive jury trial. 12 6. At the same time, each party must file with the Court and submit 13 (electronically to the Chambers email box and in paper form) its proposed jury 14 instructions that are objected to by any other party. Each disputed instruction 15 must have attached a short (one or two paragraph) statement, including points and 16 authorities in support of the instruction as well as a brief statement, including 17 points and authorities, in support of any objections. A proposed alternative 18 instruction must be provided, if applicable. If the Court believes there are so 19 many disputed instructions that the trial would be unnecessarily interrupted in 20 order for the Court to resolve disputes, the Court will determine that the matter is 21 not yet ready to be tried, and will order counsel to continue to meet and confer 22 until most of the disputes are resolved. 23 7. Counsel must provide the documents described in paragraphs 5 and 6 to 24 the Chambers email box in Word format at the time they file their proposed jury 25 instructions. 26 8. The Court will send one or more copies of the instructions into the jury 27 room for the jury’s use during deliberations. Therefore, in addition to the copies 28 described above, the Chambers email version must contain a “clean” set of jury revised 11-5-20 -7- 1 instructions, containing only the text of the instruction (one per page) with the 2 caption “Instruction No. [leave blank] at the top (eliminating table of contents, 3 titles, supporting authority, etc.). This document must have page numbers. 4 9. Counsel must provide an index of all instructions submitted, which must 5 include the following: 6 a. The number of the instruction; 7 b. The title of the instruction; 8 c. the source of the instruction and any relevant case citations; 9 d. The page number of the instruction. 10 For example: 11 Number Title Source Page 12 1 Duty of the Jury 9th Cir. 1.4 1 13 14 10. FAILURE TO FOLLOW THE PRECEDING PROVISIONS OF 15 THIS SECTION WILL SUBJECT THE NON-COMPLYING PARTY AND 16 ATTORNEY TO SANCTIONS AND WILL BE DEEMED TO 17 CONSTITUTE A WAIVER OF JURY TRIAL. 18 11. During the trial and before argument, the Court will meet with counsel 19 and settle the instructions, and counsel will have an opportunity to make a further 20 record concerning their objections. 21 12. At the time of lodging the proposed pretrial conference order, counsel 22 should file a jointly prepared one or two page statement of the case to be read by 23 the Court to the prospective panel of jurors before commencement of voir dire. 24 13. The Court will conduct the voir dire. The Court provides a list of basic 25 questions, and may provide a list of additional questions to jurors before voir dire. 26 (This is not a questionnaire to be completed by jurors.) Counsel may, but are not 27 required to, file and submit (electronically to the Chambers email box and in paper 28 form in Word format) a list of proposed case-specific voir dire questions at the revised 11-5-20 -8- 1 time they lodge the proposed pretrial conference order. 2 14. In most cases the Court will conduct its initial voir dire of 16 3 prospective jurors who will be seated in the jury box. Generally the Court will 4 select eight jurors. 5 15. Each side will have three peremptory challenges. Once all challenges 6 for cause and peremptory challenges are exercised, the eight jurors in the lowest 7 numbered seats will be the jury. If fewer than eight jurors remain, the Court may 8 decide to proceed with six or seven jurors. 9 C. GLOSSARY, TRIAL EXHIBITS, WITNESS LISTS, ETC. 10 1. All counsel are to meet not later than ten days before trial and to 11 stipulate, so far as is possible, to foundation, to waiver of the best evidence rule, 12 and to those exhibits that may be received into evidence at the start of the trial. 13 2. At least one week before trial, counsel must send to the Chambers email 14 box in Word format: 15 a. A case-specific glossary for the court reporter that includes 16 applicable medical, scientific, or technical terms, slang, the names and spellings of 17 case names likely to be cited, street/city/country names, all parties/entities 18 involved in the case, names of people interviewed/deposed, names of family 19 members, friends, or others who might be mentioned, and other case-specific 20 terminology; 21 b. The party’s witness list, with a column to add the date on which 22 the witness testified; 23 c. The joint exhibit list in the form specified in Local Rule 16-6. An 24 annotated exhibit list identifying the exhibits to be received into evidence at the 25 start of the trial must also be provided. 26 3. On the first morning of trial, counsel must submit to the CRD: 27 a. All original exhibits (except those to be used for impeachment 28 only), with official exhibit tags attached and bearing the same number shown on revised 11-5-20 -9- 1 the exhibit list. Exhibit tags may be obtained from the receptionist in the Public 2 Intake Section, located on the 1st floor of the Edward R. Roybal Federal Building 3 at 255 East Temple St., Room 180. Digital exhibit tags are also available on the 4 Court’s website under Court Forms > General forms > Form G-14A (plaintiff) and 5 G-14B (defendant). Exhibits must be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. 6 and in accordance with Local Rule 16-6. The defense exhibit numbers must not 7 duplicate plaintiff’s numbers. If a “blow-up” is an enlargement of an existing 8 exhibit, it must be designated with the number of the original exhibit followed by 9 an “A.”; 10 b. Two sets of the exhibits that can be reproduced (one for the Court 11 and one for witnesses) placed in three-ring binders with divider tabs containing 12 the exhibit numbers. The face and spine of the binders must be marked with the 13 case name and number, the volume number, and the number range of the exhibits 14 in the binder. Each binder must contain an index of the exhibits included in the 15 volume. 16 4. A copy of the exhibit list with all admitted exhibits will be given to the 17 jury during deliberations. Counsel must review and approve the exhibit list with 18 the CRD before the list is given to the jury. 19 5. Where a significant number of exhibits will be admitted, the Court 20 encourages counsel, preferably by agreement, to consider ways in which 21 testimony about exhibits may be made intelligible to the jury while it is being 22 presented. Counsel should consider such devices as jury notebooks for admitted 23 exhibits, or enlargements of important exhibits. The Court has an Elmo and other 24 equipment available for use during trial. Information concerning training on the 25 use of electronic equipment is available. Details are posted on the Court’s 26 website. To make reservations for training, call 213-894-3061. The Court does 27 not permit exhibits to be “published” by passing them up and down the jury box. 28 Exhibits may be displayed briefly using the screens in the courtroom, unless the revised 11-5-20 - 10 - 1 process becomes too time-consuming. 2 6. Counsel must not attempt to display or use any charts or enlargements of 3 exhibits unless all counsel have agreed to their use or objections have been heard 4 and a ruling has been made. 5 D. TRIAL 6 1. On the day of jury selection, trial will begin at 9:00 a.m. Counsel must 7 be prepared to go on the record at 8:30 a.m. Thereafter, trial days are generally 8 Tuesday through Friday, 8:00 a.m. to 2:00 p.m., with three fifteen-minute breaks. 9 When necessary, trials may continue beyond the normal schedule. If counsel 10 contemplate that this schedule will be problematic due to the unavailability of 11 witnesses, counsel should provide details to the Court at the pretrial conference. 12 2. On the day of jury selection, the Court reserves the time from 8:30 a.m. 13 to 9:00 a.m. to handle legal and administrative matters. Jury selection will begin 14 promptly at 9:00 a.m. or as soon as jurors are available. Thereafter, legal and 15 administrative matters must be addressed between 7:45 a.m. and 8:00 a.m. All 16 counsel are urged to anticipate matters that may need to be addressed outside of 17 the presence of the jury and to raise them during this period or at the end of the 18 day. The Court does not make jurors wait while counsel discuss matters that 19 should have been addressed previously. Counsel are urged to consider any 20 unusual substantive or evidentiary issues that may arise, and to advise the Court of 21 such issues as early as possible. Short briefs addressing such disputed issues are 22 welcome. 23 3. Before trial begins, the Court will give counsel an opportunity to discuss 24 administrative matters and anticipated procedural or legal issues. Before trial 25 begins, and as soon as the information becomes available to counsel, counsel 26 should advise the court of any concerns or accommodations that are requested for 27 parties or witnesses. During trial, if there are any matters to be discussed outside 28 the presence of the jury, counsel must advise the CRD of the request. The Court revised 11-5-20 - 11 - 1 discourages sidebars during trial. 2 4. All orders for transcripts must be ordered through the court reporter, Pat 3 Cuneo, who can be contacted through www.patcuneo.com. 4 III 5 CONDUCT OF ATTORNEYS AND PARTIES 6 A. OPENING STATEMENTS, EXAMINING WITNESSES, AND 7 SUMMATION 8 1. Counsel must use the lectern for opening statements, examination of 9 witnesses, and summation. 10 2. Counsel must not consume time by writing out words, drawing charts or 11 diagrams, etc. Counsel may do so in advance and explain that the item was 12 prepared earlier as ordered by the Court to save time. 13 3. The Court will establish reasonable time estimates for opening and 14 closing arguments, examination of witnesses, etc. 15 B. OBJECTIONS TO QUESTIONS 16 1. Counsel must not use objections for the purpose of making a speech, 17 recapitulating testimony, or attempting to guide the witness. 18 2. When objecting, counsel must rise to state the objection and state only 19 that counsel objects and the legal ground of objection. If counsel wishes to argue 20 an objection further, counsel must ask for permission to do so. 21 C. GENERAL DECORUM 22 1. Counsel should not approach the CRD or the witness box without 23 specific permission. If permission is given, counsel should return to the lectern 24 when the purpose has been accomplished. Counsel should not question a witness 25 at the witness stand. 26 2. Counsel and parties should rise when addressing the Court, and when the 27 Court or the jury enters or leaves the courtroom. 28 3. Counsel should address all remarks to the Court. Counsel are not to revised 11-5-20 - 12 - 1 address the CRD, the court reporter, persons in the audience, or opposing counsel 2 while on the record. If counsel wish to speak with opposing counsel, counsel 3 must ask permission to do so. Any request for the re-reading of questions or 4 answers must be addressed to the Court. Such requests should be limited and are 5 not likely to be granted. 6 4. Counsel should not address or refer to witnesses or parties by first name 7 alone. Young witnesses (under 14) may, however, be addressed and referred to by 8 first name. 9 5. Counsel must not offer a stipulation unless counsel has conferred with 10 opposing counsel and has verified that the stipulation will be acceptable. 11 6. While Court is in session, counsel must not leave counsel table to confer 12 with any personnel or witnesses unless permission has been granted in advance. 13 7. Counsel should not by facial expression, nodding, or other conduct 14 exhibit any opinion, adverse or favorable, concerning any testimony being given 15 by a witness, statements or arguments by opposing counsel, or rulings by the 16 Court. Counsel should admonish counsel’s own clients and witnesses to avoid 17 such conduct. 18 8. Counsel should not talk to jurors at all, and should not talk to co- 19 counsel, opposing counsel, witnesses, or clients where the conversation can be 20 overheard by jurors. Each counsel should admonish counsel’s own clients and 21 witnesses to avoid such conduct. 22 9. Where a party has more than one lawyer, only one may conduct the 23 direct or cross-examination of a particular witness, or make objections as to that 24 witness. 25 D. PROMPTNESS OF COUNSEL AND WITNESSES 26 1. The Court makes every effort to begin proceedings at the time set. 27 Promptness is expected from counsel and witnesses. Once counsel are engaged in 28 trial, the trial is counsel’s first priority. The Court will not delay the trial or revised 11-5-20 - 13 - 1 inconvenience jurors except under extraordinary circumstances. The Court will 2 advise other courts that counsel are engaged in trial in this Court on request. 3 2. If a witness was on the stand at a recess or adjournment, counsel must 4 have the witness back on the stand, ready to proceed, when the court session 5 resumes. 6 3. Counsel must notify the CRD in advance if any witness should be 7 accommodated based on a disability or for other reasons. 8 4. No presenting party may be without witnesses. If counsel has no more 9 witnesses to call and there is more than a brief delay, the Court may deem that 10 party to have rested. 11 5. The Court attempts to cooperate with professional witnesses and will, 12 except in extraordinary circumstances, accommodate them by permitting them to 13 be called out of sequence. Counsel must anticipate any such possibility and 14 discuss it with opposing counsel. If there is an objection, counsel must confer 15 with the Court in advance. 16 E. EXHIBITS 17 1. Each counsel should keep counsel’s own list of exhibits and should note 18 when each has been admitted into evidence. 19 2. Each counsel is responsible for any exhibits that counsel secures from 20 the CRD and must return them before leaving the courtroom at the end of the 21 session. 22 3. An exhibit not previously marked should, at the time of its first mention, 23 be accompanied by a request that the CRD mark it for identification. To save 24 time, counsel must show a new exhibit to opposing counsel before it is mentioned 25 in court. 26 4. Counsel are to advise the CRD of any agreements they have with respect 27 to the proposed exhibits and as to those exhibits that may be received so that no 28 further motion to admit need be made. revised 11-5-20 - 14 - 1 5. When referring to an exhibit, counsel should refer to its exhibit number 2 whenever possible. Witnesses should be asked to do the same. 3 6. Counsel must not ask witnesses to draw charts or diagrams or ask the 4 Court’s permission for a witness to do so. If counsel wishes to question a witness 5 in connection with graphic aids, the material must be fully prepared before the 6 court session starts. 7 F. DEPOSITIONS 8 1. All depositions to be used at trial, either as evidence or potentially for 9 impeachment, must be lodged with the CRD on the first day of trial or such earlier 10 date as the Court may order. Counsel should verify with the CRD that the 11 relevant deposition is in the CRD’s possession. 12 2. In using depositions of an adverse party for impeachment, either one of 13 the following procedures may be used: 14 a. If counsel wishes to read the questions and answers as alleged 15 impeachment and ask the witness no further questions on that subject, counsel 16 must first state the page and line where the reading begins and the page and line 17 where the reading ends, and allow time for any objection. Counsel may then read 18 the portions of the deposition into the record. 19 b. If counsel wishes to ask the witness further questions on the 20 subject matter, the deposition is placed in front of the witness and the witness is 21 told to read silently the pages and lines involved. Counsel may either ask the 22 witness further questions on the matter and then read the quotations, or read the 23 quotations and then ask further questions. Counsel should have an extra copy of 24 the deposition for this purpose. 25 3. Where a witness is absent and the witness’s testimony is offered by 26 deposition, counsel may (a) have a reader occupy the witness chair and read the 27 testimony of the witness while the examining lawyer asks the questions, or (b) 28 have counsel read both the questions and answers. revised 11-5-20 - 15 - 1 G. USING NUMEROUS ANSWERS TO INTERROGATORIES AND 2 REQUESTS FOR ADMISSIONS 3 Whenever counsel expects to offer a group of answers to interrogatories or 4 requests for admissions extracted from one or more lengthy documents, counsel 5 should prepare a new document listing each question and answer, and identifying 6 the document from which it has been extracted. Copies of this new document 7 should be given to the Court and opposing counsel. 8 H. ADVANCE NOTICE OF DIFFICULT OR UNUSUAL ISSUES 9 If any counsel has reason to anticipate that a difficult question of law or 10 evidence will necessitate legal argument requiring research or briefing, counsel 11 must give the Court advance notice. Counsel are directed to notify the CRD at the 12 day’s adjournment if an unexpected legal issue arises. Counsel must also advise 13 the CRD at the end of each trial day of any issues that must be addressed outside 14 the presence of the jury, so that there is no interruption of the trial. THE COURT 15 WILL NOT KEEP JURORS WAITING. 16 17 N.B. “COUNSEL,” AS USED IN THIS ORDER, INCLUDES PARTIES 18 APPEARING IN PROPRIA PERSONA. 19 20 IT IS SO ORDERED. 21 22 DATED: ________________________ Dale S. Fischer 23 United States District Judge 24 25 26 27 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 ) CASE NO. 11 ) ) 12 ) ) 13 Plaintiff(s), ) ) 14 vs. ) EXHIBIT LIST ) 15 ) ) 16 ) ) 17 Defendant(s). ) ) 18 19 20 EX. No. DESCRIPTION IDENTIFIED ADMITTED 21 22 23 24 25 26 27 28 JOINT TRIAL WITNESS ESTIMATE FORM CASE: TRIAL DATE: WITNESS NAME PARTY CALLING X-EXAMINER'S DESCRIPTION OF TESTIMONY COMMENTS WITNESS AND ESTIMATE ESTIMATE 1 2 3 4 5 6 7 8 9 10 TOTAL ESTIMATES THIS PAGE: Instructions: (1) List witnesses (last name first); (2) For description, be extremely brief, e.g., "eyewitness to accident" or "expert on standard of care;" (3) Use estimates within fractions of an hour, rounded off to closest quarter of an hour, e.g., if you estimate 20 minutes, make it .25. An estimate of one and one-half hours would be 1.5. An estimate of three-quarters of an hour would be .75; (4) Note special factors in "Comments" column, e.g., "Needs interpreter;" (5) Entries may be in handwriting if very neat and legible.
Official source: https://apps.cacd.uscourts.gov/Jps/honorable-dale-s-fischer · retrieved 2026-07-23