UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
)
Plaintiff, )
)
) CIVIL ACTION NO.
v. )
)
)
Defendant. )
ORDER SETTING CIVIL JURY TRIAL
WOODLOCK, J.
1. This case is set for a jury trial commencing
____________________ in Courtroom 1, on the 3rd Floor of the John
Joseph Moakley United States Courthouse in Boston before the
Honorable Douglas P. Woodlock. Trial will be conducted on a 9:00
a.m. to 1:00 p.m. schedule until deliberations.
2. The above-entitled action will be called for a Pre-
Trial Conference with Judge Woodlock at [generally about 3 weeks
before trial ] in Courtroom 1 on the 3rd Floor of the John Joseph
Moakley United States Courthouse in Boston.
3. Unless excused by the Court, each party shall be
represented at the Pre-Trial Conference by counsel who will
conduct the trial.
4. Counsel shall have conferred with their clients and
with each other to explore the possibilities of settlement before
the Pre-Trial Conference, shall be prepared to advise the Court
as to prospects of settlement and shall be themselves authorized
or accompanied by persons authorized to engage in settlement
discussions and consummate settlement. No excuses will be
granted from this obligation.
5. All pending motions and other matters ready for hearing
will be considered at the conference.
6. Prior to the Pre-Trial Conference, counsel shall meet
and confer for the purpose of preparing, preferably jointly, a
Pre-Trial Memorandum for submission to the Court no later than
seven days before the Pretrial Conference. Extensions for filing
will not be granted without showing of exceptional cause.
Failure to file a Pre-Trial Memorandum in a timely manner may
result in dismissal, default or other appropriate sanctions.
The Pre-Trial Memorandum shall set forth:
(a) The names, addresses and telephone numbers of trial
counsel;
(b) Whether the case is to be tried with or without a jury;
(c) A concise summary of the evidence that will be offered
by the plaintiff, defendant, and other parties, with respect
to both liability and damages (including special damages, if
any);
(d) A statement of facts to be submitted to the court or
jury:
(i) by stipulation; and,
(ii) by admission.
Counsel shall stipulate to all facts not in genuine
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dispute;
(e) Contested issues of fact;
(f) Any jurisdictional questions;
(g) Issues of law, including evidentiary questions,
together with supporting authority;
(h) Any requested amendments to the pleadings;
(i) Any additional matters to aid in the disposition of the
action;
(j) The probable length of trial;
(k) The names and addresses of witnesses who will testify
at the trial, and the purpose of the testimony of each
witness, i.e., whether factual, medical, expert, etc.
Unless the qualifications of any medical or other expert
witness are admitted, a brief statement of the
qualifications of such witness shall be included;
(l) An identification by inclusive page and lines of any
portions of depositions or interrogatory responses to be
offered at trial and a precise statement of any objections
thereto; and
(m) A statement regarding damages.
7. In connection with the Pre-Trial Memorandum, but as
separate filings made at the same time, the parties shall submit
their respective:
(a) requests for instructions with citation to supporting
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authority;
(b) any proposed interrogatories or special verdict
forms;
(c) any proposed questions for the voir dire examination;
and
(d) motions in limine or other requests regarding
foreseeable disputes concerning evidentiary or other issues,
including authority for the ruling requested.
8. No later than the first day of trial and before
impaneling the jury, parties shall file electronically:
(a) A list of exhibits to be introduced without objection,
identified by a single sequence of numbers, regardless of
which party is the proponent of an exhibit, in the form
attached hereto as Appendix “A”.
(b) A list of marked items to be offered at trial, as to
which a party reserves the right to object, identified by a
single sequence of capital letters, regardless of which
party is the proponent of an exhibit, in the form attached
hereto as Appendix “A”.
9. Immediately upon receipt of this Order, any counsel who
realizes that one or more attorneys have not been notified shall
forthwith notify the additional attorney(s) in writing as to the
entry of this Order, and shall file a copy of the writing with
the Clerk.
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10. In the event that some disposition of the case is
before the Pre-Trial Conference, counsel shall by telephone
forthwith notify the Deputy Clerk signing this Order and promptly
thereafter submit closing papers. Compliance with this aspect of
the Order is not excused, absent the actual filing of closing
papers or the entry of a Settlement Order of Dismissal in a form
prescribed by the Court.
11. Counsel are advised of the Court's "5 minute-rule",
which requires that during jury deliberations, counsel may leave
the courtroom, but must appear in court within 5 minutes of a
call from the deputy clerk, in order to respond to any jury
question or for the return of a verdict.
12. The court’s electronic evidence presentation system is
available for use by the parties during trial. Parties shall
contact the deputy clerk to arrange for training on this
equipment.
13. Failure to comply with any of the directions set forth
above may result in judgment of dismissal or default, or the
imposition of other sanctions deemed appropriate by the Court.
BY THE COURT,
_______________
Deputy Clerk
DATED:
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APPENDIX “A”
USE THIS FORMAT FOR PREPARATION OF EXHIBIT LIST:
Exhibit Exhibit Marked Admitted Descrip- Offered Date
Offered Number/ [yes/no] [yes/no] tion of through Admitted
By: Letter Exhibit Witness:
SAMPLE EXHIBIT LIST
(Third, Fourth, Sixth and Seventh Columns
and bracketed material to be completed at trial)
Exhibit Exhibit Marked Admitted Descrip- Offered Date
Offered Number/ [yes/no] [yes/no] tion of through Admitted
By: Letter Exhibit Witness:
Plaintiff 1 yes yes MGH John 10/10/98
Hospital Jones
Record
dated
8/5/98
Defendant 2 yes yes Boston Officer 10/11/98
Police John
Report Smith
dated
8/5/98
Plaintiff 3A yes yes 3x5 photo Plaintiff 10/11/98
of
Plaintiff
showing
injuries
Plaintiff 3B yes yes 4x6 photo Plaintiff 10/11/98
scene of
accident
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