2. Counsel shall have conferred with their clients and with each other to explore the
possibilities of settlement before the Final Pretrial 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.
3. In preparation for the Final Pretrial Conference and in accordance with Fed. R. Civ. P.
26(a)(3) and Local Rule 16.5(c), it is ORDERED that the Parties disclose to one another, no
later than four (4) weeks before the Final Pretrial Conference, the following:
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; and
c. The names of witnesses, if any, whose testimony is to be presented by means of
deposition and a transcript of the pertinent portions of the deposition testimony.
4. Following the disclosures made pursuant to the previous paragraph, the parties shall
serve upon one another, no later than three (3) weeks before the Final Pretrial Conference, a
list describing any objections thereto and the grounds therefor. As per Local Rule 16.5(c), these
objections shall be one of the subjects of the pre-Final Pretrial Conference meeting 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 under the Federal Rules of Evidence, are
waived according to Fed. R. Civ. P. 26(a)(3), unless excused by the Court for good cause.
5. In further preparation for the Final Pretrial Conference, it is ORDERED pursuant to
Local Rule 16.5(d) that the parties meet personally at least two (2) weeks before the Final
Pretrial Conference 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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6. The parties shall prepare and file a Joint Pretrial Memorandum no later than seven (7)
days before the Final Pretrial Conference. Extensions for filing will not be granted without
showing of exceptional cause. The Joint Pretrial Memorandum shall set forth:
a. The names, addresses, and telephone numbers of trial counsel;
b. A concise summary of the evidence that will be offered by the Plaintiff, the Defendant,
and other parties, with respect to both liability and damages (including special damages,
if any);
c. A statement of facts to be submitted to the court or jury:
(i) by pleadings,
(ii) by stipulations; or
(iii) by admissions.
d. Contested issues of fact (counsel shall stipulate to all facts not in genuine dispute);
e. Any jurisdictional questions;
f. Any questions raised by pending motions;
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 of all witnesses to be called, the city/state in which the witness resides, 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;
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;
(i) Counsel shall also include any objections to witnesses or lines of deposition
transcripts that has not been resolved pursuant to Local Rule 16.5(c). The
parties shall model objections to deposition designations on the example
provided in Appendix A;
m. Utilizing disclosures made pursuant to Sections 3 and 4, above, counsel shall include in
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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 marked by a single
sequence of numbers regardless of which party is the proponent;
n. Utilizing disclosures made pursuant to Sections 3 and 4, above, counsel shall include in
their memorandum a “List of Contested Exhibits” 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,
(i) Counsel shall also include any objections to all other exhibits in the form
attached Appendix B.
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).
7. Each party shall prepare and file no later than seven (7) days before the Final Pretrial
Conference, a Trial Brief pursuant to Local Rule 16.5(f) which set forth the following:
a. A succinct and neutral statement summarizing the principal claims and defenses of the
parties to be read to the venire during empanelment;
b. Any proposed questions for the voir dire examination of the jury;
c. Motions in limine or other requests regarding foreseeable disputes concerning
evidentiary or other issues, including authority for the ruling requested;
d. Requests for instructions to the jury, with citation to supporting authority; and,
e. Any proposed interrogatories or special verdict forms.
8. Any oppositions to motions in limine shall be filed no later than three (3) days before
the Final Pretrial Conference.
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.
10. If some disposition of the case occurs before the Final Pretrial Conference, counsel shall,
by telephone, forthwith notify the Deputy Clerk and promptly thereafter submit closing papers.
Compliance with this aspect of the Order is not excused, absent the actual filing of closing
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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. 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 for 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 you 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. If a restricted item is
mentioned in court, you have waived any right to have it stricken or redacted thereafter.
14. The timely filing of these trial documents is required. 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.
SO ORDERED.
Dated:
Myong J. Joun
United States District Judge
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APPENDIX A
USE THIS FORMAT FOR THE DEPOSITION DESIGNATION LIST:
Witness Name
Plaintiffs’ Initial Defendant’s Defendant’s Defendant’s
Designation Objection Explanation (if Counter-designation
necessary) (if necessary)
page:line – page:line Rule Argument page:line – page:line
Witness Name
Defendant’s Initial Plaintiffs’ Objection Plaintiffs’ Plaintiffs’ Counter-
Designation Explanation (if designation (if
necessary) necessary)
page:line – page:line Rule Argument page:line – page:line
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APPENDIX B
USE THIS FORMAT FOR PREPARATION OF THE EXHIBIT LIST:
1 2 3 4 5
Exhibit Letter Briefly Party Party’s Party’s Explanation
for Identification Describe Offering Objection for Objection
Exhibit
SAMPLE EXHIBIT LIST
1 2 3 4 5
Exhibit Letter Briefly Party Party’s Party’s Explanation
for Identification Describe Offering Objection for Objection
Exhibit
A Hospital Pl.
record
1/1/2000
B Photo of Def.
accident
scene
C Police Pl.
report
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