OPTIONAL EXPEDITED TRIAL PROCEDURE FOR CIVIL CASES
ASSIGNED TO JUDGE McCORMICK
The Court encourages parties to agree to an expedited trial. This option
is meant to offer an efficient and cost-effective alternative. The following
procedures shall govern as default rules. Subject to the approval of Judge
McCormick, the parties may agree to modify these procedures.
Applicable Rules.
The provisions of this procedure, as approved by the Court, shall
supersede and govern over any inconsistencies or conflicts that arise between it
and the Federal Rules of Civil Procedure or the Local Rules of this Court.
Otherwise, all Federal Rules of Civil Procedure, Rules of Evidence, and Local
Rules shall apply.
Scheduling and Trial Date.
The pretrial conference shall be held no later than 150 days and trial no
later than 180 days after this agreement is approved by the Court. Extensions
are strongly discouraged. Each side will be limited to one extension not to
exceed 14 days, absent a showing of compelling circumstances in favor of a
longer extension.
Discovery.
Up to 120 days will be allowed for discovery. Discovery shall be limited
to 10 interrogatories, 10 document requests, 10 requests for admission, and 10
hours total of depositions, per side. The deposition time limit encompasses fact
witnesses and expert witnesses.
Discovery motions shall be filed no later than 30 days before the end of
the discovery period. All Federal Rules of Civil Procedure and Local Rules
concerning discovery disputes apply. The parties are strongly encouraged to
use the Court’s informal discovery procedure, available at
https://www.cacd.uscourts.gov/honorable-douglas-f-mccormick.
Restrictions on Motion Practice.
Motions to dismiss and oppositions are limited to 15 pages. Motions for
summary judgment, Daubert motions, and their respective oppositions are
limited to 25 pages. Evidentiary attachments are limited to material strictly
necessary to the determination of the motion. Reply briefs will not be allowed
without leave of Court, and when allowed will be limited to 5 pages.
Settlement Conference.
A judicial settlement conference will be required for all cases which are
subject to this procedure. The parties may engage in other forms of ADR as in
any other case.
Expert Witnesses.
No party shall call more than one expert witness to testify, unless
permitted by the Court or by agreement of the parties.
Trial.
Jury trial will be before 6 jurors and may proceed before 5 jurors if a
juror is unable to serve through conclusion of trial and deliberations. The court
shall conduct all voir dire and shall determine time limits for opening
statements and closing argument. Each side shall have 3 hours to present
evidence, not including time for opening statement and time for closing
argument. There shall be no findings of fact or conclusions of law in non-jury
trials.
The parties may stipulate to a maximum and minimum award for all
claims, including attorneys’ fees. The parties may also stipulate that there will
be no appeal from the final judgment. The parties are highly encouraged to
stipulate to facts, thereby streamlining the presentation of evidence.
Post-trial Motions.
Post-trial motions shall be limited to determination of costs and
attorneys’ fees, correcting a judgment for clerical error, conforming the verdict
to the agreement, enforcement of judgment, and motions for a new trial.
Motions for a new trial shall be filed within 10 days after notice of entry
of a verdict and are limited to judicial misconduct that materially affected the
substantial rights of a party, jury misconduct, or corruption, fraud, or other
undue means employed in the proceedings of the Court or jury.
Termination.
A party may seek leave of Court to withdraw from this expedited
procedure. Such motions will be granted only upon a showing of good cause.
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