UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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_________________, )
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Plaintiff, )
) Civil Action No. _________
v. )
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_________________, )
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Defendant. )
____________________________________)
ORDER SETTING CASE FOR TRIAL
[DATE]
Boal, M.J.
It is ORDERED that the trial of this action will commence on [DATE] at [TIME] in
Courtroom 14 on the fifth floor. Trial will be conducted on the following schedule: 9:00 a.m. to
1:00 p.m. until its conclusion.1 The parties should consider the date to be a firm trial date and
plan accordingly.
1. Pursuant to Fed. R. Civ. P. 16 and Local Rule 16.5, it is further ORDERED that counsel
shall appear for an Initial Pretrial Conference on [DATE 1 month before trial date] at
[TIME] in Courtroom 14 on the fifth floor. Unless excused by the Court, each party
shall be represented at the Final Pretrial Conference by counsel who will conduct the
trial.
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The parties should be prepared to be in court all day on the first day of trial.
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2. In accordance with Fed. R. Civ. P. 26(a)(3) and Local Rule 16.5(C), the parties shall
disclose to one another, by no later than the close of business on [DATE 1 month before
¶ 1]:
A. All photographs, documents, instruments and other objects either party intends to
offer as exhibits at trial, other than solely for impeachment;
B. The names, addresses and telephone numbers of witnesses each party intends to
call at trial, including expert witnesses;
C. The names of witnesses, if any, whose testimony is to be presented by means of
deposition, an identification by inclusive page and lines of those portions of the
deposition testimony to be offered at trial, and a transcript of the pertinent
portions of the deposition testimony.
3. Following the disclosures made pursuant to the previous paragraph, the parties shall serve
upon one another, by no later than the close of business on [DATE 1 week after ¶ 2 ], a
list describing any objections to the proposed exhibits and witnesses described in
paragraph 2 above and the grounds therefor. Pursuant to Local Rule 16.5(C), these
objections shall be one of the subjects to the pre-Final Pretrial Conference meeting (see ¶
4 infra) and if not resolved, shall be presented to the Court in the parties’ trial briefs.
Objections not so disclosed, other than objections pursuant to Rules 402 and 403 of the
Federal Rules of Evidence, may be waived according to Fed. R. Civ. P. 26(a)(3), unless
excused by the Court for good cause.
4. Pursuant to Local Rule 16.5(D), the parties shall meet personally on or before [DATE 1
week after ¶ 3 ], to discuss and negotiate settlement of the action, to narrow the issues to
be tried, and to prepare a joint pretrial memorandum as described below.
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5. The parties shall prepare and file no later than [DATE 1 week after ¶ 4], a Joint Pretrial
Memorandum which sets forth the following issues pursuant to Local Rule 16.5(D):
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 which will be offered by the parties with
respect to both liability and damages (including special damages, if any);
D. A statement of facts established by the pleadings, by admissions, or by
stipulations;
E. Any factual issues in dispute;
F. Any jurisdictional questions;
G. Any questions raised by pending motions;
H. Issues of law, including evidentiary questions, together with supporting authority;
I. Any requested amendments to the pleadings;
J. Any additional matters to aid in the disposition of the action;
K. The probable length of trial;
L. The names of all witnesses to be called, the purpose of the testimony of each
witness (i.e., factual, expert, etc.) and whether the testimony of any such witness
is to be presented by deposition. Unless the qualifications of any expert witness
are stipulated, a statement of the qualifications shall be included;
M. Utilizing disclosures made pursuant to paragraphs 2 and 3 above, counsel shall
include in their memorandum a “List of Uncontested Exhibits” (photographs,
documents, instruments and all other objects as to which there appear to be no
objections), in order of their anticipated introduction to the Court, identified and
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marked by a single sequence of numbers regardless of which party is the
proponent;
N. Utilizing disclosures made pursuant to paragraphs 2 and 3 above, counsel shall
include in their memorandum a “List of Exhibits to be Offered at Trial” of
exhibits to which any party reserves the right to object, identified and marked by a
single sequence of capital letters regardless of which party is the proponent; and
O. The parties’ respective positions on any remaining objections to the evidence
identified in the pretrial disclosures required by Fed. R. Civ. P. 26(a)(3) and Local
Rule 16.5(C), as well as any deposition testimony being offered.
6. Joint Proposed Jury Instructions. The parties shall confer and reach an agreement on
each proposed jury instruction. In the event the parties cannot agree upon one or more of
the proposed instructions, they may submit alternative proposed instructions which shall
contain citations to legal authority to support the particular language employed.
Proposed instructions are not required on preliminary matters such as burden of proof and
credibility. Such proposed jury instructions shall be filed no later than [DATE – Same
as ¶ 5]. A party may submit proposed instructions during trial only if the evidence
develops other than as reasonably anticipated. In the event a party wishes to submit
additional proposed instructions during trial on matters that could have been reasonably
anticipated, the party should seek and obtain leave of court before submitting any such
instructions.
7. No later than [DATE - Same as ¶ 5], each party shall prepare and file the following:
A. Motions in limine or other requests regarding foreseeable disputes concerning
evidentiary issues, including authority for the ruling requested.
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B. In cases to be tried to a jury, a trial brief setting forth:
i. A succinct and neutral statement summarizing the principal claims and
defenses of the parties to be read to the venire during empanelment;
ii. Any proposed questions for the voir dire examination of the jury;
iii. Any proposed interrogatories or special verdict form.
C. In nonjury cases, proposed findings of fact and requested rulings of law.
8. Immediately upon receipt of this Order, any counsel who realizes that one or more
attorneys in the case 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.
9. The judiciary’s privacy policy restricts the publication of certain personal data in
documents filed with the court. The policy requires limiting Social Security and financial
account numbers to the last four digits, using only initials of the names of minor children,
limiting dates of birth to the year, and limiting home addresses to city and state. If such
information is elicited during testimony or other court proceedings, it will become
available to the public when the official transcript is filed at the courthouse. The better
practice is for counsel to avoid introducing this information into the record in the first
place. Please take this into account when questioning witnesses or making other
statements in court.
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10. The timely filing of these trial documents is required. Failure to comply with any of
the directions set forth above may result in judgment or dismissal or default or the
imposition of other sanctions deemed appropriate by the Court.
/s/ Jennifer C. Boal
JENNIFER C. BOAL
UNITED STATES MAGISTRATE JUDGE
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