UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
) Case No.:
)
Plaintiff(s), )
) JUDGE DAN AARON POLSTER
v. )
)
) TRIAL ORDER
)
) CIVIL JURY
Defendant(s). )
This case is scheduled for a Jury Trial on , in the courtroom
of the Honorable Dan A. Polster, Courtroom 18B of the Carl B. Stokes United States District
Courthouse, 801 W. Superior Ave., Cleveland, Ohio.
The Final Pretrial is scheduled for , in chambers of Judge
Polster, Chambers 18B of the Carl B. Stokes United States District Courthouse, 801 W. Superior
Ave., Cleveland, Ohio. Pursuant to Local Rule 16.3(e), the parties and lead counsel of record must
be present and prepared with full authority to discuss all aspects of the case, including any pending
motions, witness and exhibit lists, scheduling and settlement. Counsel are to have conferred with
their clients, and with each other, regarding their final settlement posture no later than two (2)
business days before the final pretrial.
Opening statements and the presentation of evidence will begin as soon as the jury has been
selected. Each side shall have hours total in which to conduct its direct and cross examinations,
rebuttal and sur-rebuttal cases. Counsel are directed to plan their trial strategy accordingly.
The following instructions will govern the operation of the trial and the obligations of
parties and their counsel:
1. TRIAL DAYS
Trials will begin at 9:00 a.m. and continue until 5:30 p.m., unless circumstances dictate
otherwise. A one (1) hour lunch break and two (2) fifteen minute breaks will be provided for.
Counsel must notify the Court’s staff of issues to be addressed by the Court outside the presence of
the jury so that trial may proceed with as few interruptions as possible. Accordingly, counsel
should expect to be present in the courtroom from 8:30 a.m. in order to address matters outside the
presence of the jury.
All parties are to be present in the courtroom at all times when the jury is seated.
2. STIPULATIONS OF FACT AND PRELIMINARY STATEMENTS
Counsel for the parties shall confer with one another in order to prepare written stipulations
as to all uncontested facts to be presented at trial to the jury or to the Court, as the case may be.
Stipulations of fact are strongly encouraged in order to eliminate the need for testimony of witnesses
to facts which are not in dispute. Said stipulations shall be filed with the Court no later than
.
Counsel shall also prepare and submit a Joint Preliminary Statement (not to exceed 1 page)
describing the case in an impartial, easily understood and concise manner for use by the Court either
during voir dire or at the time the jury is impaneled. This statement will be used to set the context
of the trial for the jury and shall be delivered or faxed to chambers no later than
.
3. TRIAL BRIEFS; MOTIONS in limine WITNESS AND EXHIBIT LISTS
Trial briefs, witness lists, exhibit lists and Motions in Limine, if any, shall be filed,
exchanged and a copy delivered to chambers by Counsel are directed
to confer with each other to resolve any objections to witnesses or exhibits they have. (An exchange
of proposed exhibits must be made at least one week prior to this deadline in order for opposing
counsel to evaluate them and be able to make appropriate objections.)
A complete trial brief includes: (a) a statement of the facts; (b) a complete discussion of the
controlling law together with specific citations of statutes and case law; and (c) a discussion of any
evidentiary issues likely to arise at trial. Together with the trial brief, the parties shall also file and
exchange their proposed witness and exhibit lists. The lists shall provide a brief description and the
purpose of each witness, and shall list and briefly describe each item of documentary or physical
evidence which is to be offered.
Each attorney shall have a continuing obligation to supplement the party’s list immediately
upon learning of any additional witness. Witnesses not listed as part of the trial brief or provided
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before the trial starts shall not testify at trial, and exhibits not listed in the trial brief shall not be
introduced at trial, absent a showing of good cause. This rule applies to lay witnesses as well as to
expert witnesses.
4. OBJECTIONS TO WITNESSES OR EXHIBITS
Only those objections to a proposed witness or exhibit that have not been resolved among
counsel shall be filed, exchanged and a copy delivered to chambers no later than one (1) business
day prior to the final pretrial. Such objections shall include a brief statement setting forth reasoning
why the proposed witness or exhibit should not be permitted or admitted, as well as specific citations
to pertinent case law or other legal authority.
5. MARKING OF EXHIBITS
Exhibits shall be marked before trial with exhibit stickers and shall be listed on the
attached exhibit chart. Exhibit stickers are available from the clerk's office upon request. Plaintiff
shall mark exhibits with numbers beginning with 1, and the defendant shall mark exhibits with
numbers beginning with 1001 (e.g., “Pl. Ex. 1" and “Deft. Ex. 1001”).
If there are multiple parties, the party's last name should precede the numbers or letters (e.g.,
"Pl. Smith-1" or "Deft. Jones-1001"). Joint exhibits are strongly encouraged and shall be marked
“Joint Ex. 1,” “Joint Ex. 2,” etc.
Where more than ten (10) exhibits are offered by a party, it is required that counsel place all
exhibit sets in a three-ring loose-leaf binder/notebook with appropriately marked divider tabs and
a table of contents. Two (2) copies of all exhibits shall be furnished to the Court no later than two
(2) business days prior to the trial date. Exhibits themselves will not be filed with the Clerk of
Court.
6. VOIR DIRE
The Court will conduct initial voir dire of the panel and of individual panel members. The
Court will thereafter allow one counsel for each party to question the panel briefly on issues not
addressed by the Court. The jury clerk will send a juror questionnaire to each prospective juror.
The completed questionnaire will be available for review by counsel in Room 18B of the Federal
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Courthouse on the morning of trial.
Proposed voir dire questions for the Court's questioning are to be exchanged and a copy
delivered (or faxed) to chambers no later than .
7. DEPOSITION TESTIMONY
Whenever depositions (videotape or written) are intended to be used as evidence at trial,
counsel proposing to use such deposition testimony shall provide opposing counsel with pertinent
transcript references no later than , Counsel shall consult
in an effort to resolve any objections they may have to planned deposition testimony.
No later than seven (7) days thereafter, counsel shall file, exchange and deliver to chambers
a copy of only those objections that have been raised and not resolved. The brief shall contain
citations t any applicable legal authority. Counsel shall attach and highlight the deposition portions
objected to, and not the objections in the margin.
No later than two (2) business days before trial, counsel is instructed to notify the Court
Room Deputy, in writing, of those deposition transcripts that will be read into the record in order
that the original transcripts be made available for the Court
When videotape depositions will be presented in lieu of live testimony, counsel must file a
complete written transcript of the videotape deposition prior to its use and follow Local Rule 32.1.
8. JURY INSTRUCTIONS AND INTERROGATORIES
Counsel are required to provide jury instructions to the Court only on the issues of the law
that are the subject of the trial. The Court will provide general boiler-plate instructions on issues
such as credibility, etc. Counsel shall also provide proposed juror interrogatories and verdict forms.
Counsel shall exchange proposed jury instructions and interrogatories no later than ten (10)
calendar days before the final pretrial. Counsel shall then confer regarding their respective
proposals and make diligent efforts to reach agreement upon a set of joint jury instructions.
No later than , a single joint submission shall be filed
and delivered (or faxed) to the Court providing: (1) agreed upon instructions and interrogatories;
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(2) instructions and/or interrogatories proposed by plaintiffs, but opposed by defendants; and (3)
instructions and/or interrogatories proposed by defendants, but opposed by plaintiffs. The joint
submission shall be provided to the Court as one document, divided by the above-described
sections.
All proposed instructions shall be supported by citations to legal authority. Any and all
objections to proposed jury instructions must be accompanied by a statement or reasoning why the
Court should not give such instruction. The objection must similarly be accompanied by citation
to legal authority. A mere statement of “objection” is not sufficient and will not be considered.
The single joint submission of jury instructions and interrogatories to the Court shall be made
in writing as well as produced on a CD. In addition, the Joint Preliminary Statement, Proposed Voir
Dire Questions, and Witness List shall also be provided on the same diskette. The CD should be
formatted for an IBM compatible computer. The Court is equipped with WordPerfect X6. The CD
shall delivered to chambers at the Final Pretrial.
9. SPECIAL INSTRUCTIONS TO COUNSEL
Any and all motions, responses, stipulations, objections, pleadings or memoranda filed or
required within two (2) business days of any settlement conference, hearing, final pretrial, or trial,
shall be FAXED to the Court as well as to opposing counsel on the same day it is filed. The Court’s
fax number is 216-357-7195.
10. CONDUCT OF COUNSEL
Pursuant to the Statement on Professionalism issued by the Supreme Court of Ohio on
February 3, 1997, counsel are directed to be courteous and civil in all oral and written
communications with each other and the Court. Pleadings or any other communications which do
not conform to this standard will be rejected.
IT IS SO ORDERED.
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
) Case No.
)
Plaintiff, ) JUDGE DAN AARON POLSTER
)
v. )
)
)
)
Defendant. )
PLAINTIFF/DEFENDANT EXHIBITS
EXHIBIT NOT
NO. DESCRIPTION I.D. OFFERED OBJ ADMITTED ADMITTED
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EXHIBIT NOT
NO. DESCRIPTION I.D. OFFERED OBJ. ADMITTED ADMITTED
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TIME LINE OF OBLIGATIONS
UNDER THIS TRIAL ORDER
Ten (10) calendar days before Final Pretrial
1) Exchange proposed jury instructions and interrogatories with opposing counsel in order to then
confer and arrive at agreed upon joint instructions and interrogatories.
2) Counsel proposing to use deposition testimony must provide opposing counsel with pertinent
transcript references. Counsel are directed to confer with each other to resolve any objections
they may have.
By
1) File and deliver (or fax) to chambers a joint submission of proposed jury instructions and
interrogatories setting forth (1) agreed upon instructions & interrogatories; (2) instructions &
interrogatories proposed by plaintiffs, but opposed by defendants; and (3) instructions &
interrogatories proposed by defendants, but opposed by plaintiffs. The materials shall be
arranged in one complete document.
2) File and exchange only those objections to proposed deposition testimony that they have been
unable to resolve. Deliver (or fax) a copy to chambers.
3) File a Joint Preliminary Statement (not to exceed 1 page), and deliver (or fax) copy to chambers.
4) File Stipulations of Fact, and deliver (or fax) a copy to chambers.
5) File and exchange Motions in Limine, trial briefs, proposed witness and exhibit lists, and
proposed voir dire questions, and deliver (or fax) two (2) copies of all to chambers. Counsel are
directed to confer with each other to resolve any objections they may have to proposed witnesses
or exhibits.
6) File, exchange and fax to chambers
One (1) business day before Final Pretrial
1) File, exchange and fax to chambers only those unresolved objections to proposed exhibits and/or
witnesses.
Two (2) business days before Final Pretrial
Counsel to confer with their clients, and with each other, regarding their final settlement posture.
Final Pretrial Conference
Bring a CD with jury instructions and interrogatories. The diskette shall also contain the Joint
Preliminary Statement, Proposed Voir Dire Questions, and Witness List.
Two (2) business days before Trial
1) Notify Courtroom deputy of those deposition transcripts to be used at trial.
2) Submit to the Court two (2) copies of trial exhibits organized in a three-ring looseleaf binder.
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