IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
, Case No.
Plaintiff, TRIAL ORDER
-vs- JUDGE JACK ZOUHARY
,
Defendant.
This case is scheduled for a jury trial beginning on __________ in the courtroom of the
Honorable Jack Zouhary, United States District Judge, located on the second floor, Courtroom 204,
United States Courthouse, 1716 Spielbusch Avenue, Toledo, Ohio. Counsel may call Chambers
(419-213-5675 or 419-213-5679) concerning trial protocol or procedures.
If a civil case settles within five (5) weeks of trial, $5,000 in court costs will be assessed
against the parties absent a showing of good cause. This represents the time and cost of summoning
and preparing for a jury, including the preparation and mailing of juror questionnaires for voir dire,
as well as the cost for attendance and accommodations for jurors.
A general Juror Questionnaire for mailing to the jury pool in advance of trial will be shared
with counsel. Counsel may file proposed questions to be added to the Questionnaire or to be added
to in-court voir dire examination conducted by the Judge. (Trial counsel are allowed brief follow-
up examination in court of individual members of the venire.)
DAUBERT MOTIONS
1. Daubert motions, to exclude or limit expert testimony or lay opinion, shall be filed
by__________; responses due by __________. No replies unless requested by this Court. If more
than one motion is made, all motions shall be filed in a single document with a ten (10) page limit.
Motions will be ruled on in advance of trial. Counsel must meet and confer prior to filing such
motions.
MOTIONS IN LIMINE
2. Motions in Limine shall be filed by __________; opposition due by __________; no
replies unless requested by this Court. If more than one motion is made, all motions shall be filed
in a single document with a ten (10) page limit. Motions will be ruled on in advance of trial.
Counsel must meet and confer prior to filing such motions.
JOINT STATEMENT OF THE CASE, WITNESS LIST AND VOIR DIRE
3. Counsel shall consult with each other and submit a proposed Joint Statement of the
Case (to be read to the jury at the beginning of the trial) which should include a brief statement of
the facts, stipulations, and contested issues. The Joint Statement may note any disagreements and
offer alternate language as appropriate, and shall be filed by __________.
4. Counsel shall submit a Joint List of Proposed Witnesses with a brief summary of their
testimony and a brief discussion of any evidentiary issues likely to arise with respect to admissible
testimony (e.g., hearsay). This list shall be filed by __________.
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JURY INSTRUCTIONS
5. Counsel shall consult with each other and file Joint Proposed Jury Instructions, noting
those areas where the parties disagree and offering alternate language with supporting legal
authority as appropriate. Counsel shall provide Chambers with a courtesy hard copy, with ECF
header, which shall be filed and delivered by __________.
6. Counsel should review the District Court website for Judge Zouhary’s standard voir
dire questions and boilerplate jury charge:
https://www.ohnd.uscourts.gov/content/judge-jack-zouhary
DEPOSITION TESTIMONY
7. Parties are specifically directed to comply with the provisions of Local Rule 32.1.
Counsel shall confer to determine which testimony will be offered by deposition (including
videotape deposition), agree on the designation of those portions of the depositions to be offered
into evidence, and also identify any objections. Counsel shall file a proposed order listing the
page(s) and line(s) for each designation objection. Designations and counter-designations shall be
marked in a full copy of the deposition transcript (not the condensed Min-U-Script format), with
designations and counter-designations highlighted in different colors. Plaintiff’s initial
designations/counter- designations shall be highlighted or blocked in light yellow; Defendant’s
initial designations/counter-designations shall be highlighted or blocked in light green. Objections
shall be highlighted or blocked in light red. Counsel shall note objections in the margins of the
transcript, including the basis and legal support for any objections, and the offering party’s
responses to any objections. See attached sample proposed order and corresponding transcript.
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8. Counsel shall file a complete written transcript of each deposition to be used at trial,
including the designations and objections described above, by __________, and shall provide a
hard copy, with ECF header, to Chambers. Objections will be ruled on in advance of trial. If a
complete written transcript has already been filed, counsel need not file a duplicate copy, and may
instead file only the relevant pages containing designations and objections.
EXHIBITS
9. Counsel shall exchange exhibits with each other, and provide Chambers with two
complete sets to be used at trial -- one for the Bench and one for the witness stand. Counsel shall
file a joint “List of Exhibits” by __________. Counsel shall also provide Chambers with a CD or
flash drive containing all properly labeled exhibits corresponding with the “List of Exhibits.” See
JERS Order. Counsel shall submit the JERS CD or flash drive by __________. If a party will use
Realtime or order daily transcripts, the party shall provide the Court Reporter with a third set of
exhibits. Do not file exhibits with the Clerk of Court.
10. Exhibits must be marked before trial with numbers, irrespective of which party is
producing the exhibit. No duplicates are allowed. Sequence of numbers is not important. Counsel
shall not label exhibits as “Plaintiff’s” Exhibit or “Defendant’s” Exhibit, but as “Trial Exhibit.”
11. Counsel are responsible for maintaining original trial exhibits, and for filing exhibits
needed for appeal purposes.
NOTICE TO COURT REPORTER
12. In order to facilitate the creation of an accurate Realtime record, counsel shall provide
a “Notice to Court Reporter” by __________containing:
• Proper names, including those of witnesses;
• Acronyms;
• Geographic locations;
• Technical (e.g., medical) terms, names, or jargon.
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The Notice to Court Reporter need not be filed but shall be provided in person or via e-mail
to Zouhary
[email protected].
COURTROOM ELECTRONICS
13. Well in advance of trial, counsel should be trained and familiar with the electronic
presentation of evidence and the use of courtroom equipment. Counsel may contact Chambers to
schedule an appointment. Training the eve of trial is not permitted.
14. It is essential that counsel utilize the courtroom electronics to educate the jury about
the case. This Court strongly recommends that you not only use the electronics, but that you know
how to use them. For example, jurors have complained that lawyers will utilize a PowerPoint, but
that it is not readable from the jury box. You should test your presentations. If the jury can’t see it
(or hear it), it is of little use.
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U. S. DISTRICT JUDGE
, 2021
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
, Case No.
Plaintiff, [PROPOSED] RULINGS ON
OBJECTIONS TO TESTIMONY
-vs- OF XXXX
, JUDGE JACK ZOUHARY
Defendant.
Page Line No. Ruling
26 Lines 8–25 [to be completed by Court]
27 Lines 1–5 [to be completed by Court]
