IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
,
No.
Plaintiff(s),
v. CIVIL COURT TRIAL
MANAGEMENT ORDER
,
Defendant(s).
BAGGIO, District Judge:
Trial documents are due according to the following schedule, subject to any
modifications by the Court. The charts below specify which documents must be filed on
CM/ECF and/or provided to the Court. This document also contains guidance and the Court’s
expectations about the parties’ duty to confer before the pretrial conference.
Please see Judge Baggio’s webpage on the District of Oregon’s website for more
information regarding best practices for trial and expectations for litigants appearing in her
courtroom. For further information on trial procedures, please refer to the Trial Court Guidelines
for the District of Oregon at: www.ord.uscourts.gov/index.php/attorneys/trial-court-guidelines
The Pretrial Conference is set on ________________________in Portland Courtroom 14B.
The Court Trial is set to begin on ________________________ in Portland Courtroom 14B.
PAGE 1 – CIVIL COURT TRIAL MANAGEMENT ORDER
FIRST WAVE OF DOCUMENTS IS DUE 28 DAYS BEFORE THE PRETRIAL CONFERENCE
Item Description Filed?1 Copy?2
Itemized List Specify damages sought and how such damages will be Yes Yes
of Economic proven—i.e., through which exhibits and/or witness
Damages testimony.
Joint The parties shall submit a single document Yes Yes
Statement summarizing the relevant legal standards (with citation
of Legal to legal authority) for each claim and defense in the
Standards case. If the parties disagree as to a legal standard, two
alternative standards may be submitted along with a
brief analysis and citations to any relevant legal
authority supporting each side’s position.
Joint The parties shall submit a joint proposed findings of Yes Yes
Proposed fact and conclusions of law. If the parties disagree as to
Findings of any conclusion of law or factual finding, two
Fact and alternatives may be submitted along with a brief
Conclusions analysis and citations to any relevant authority
of Law supporting each side’s alternative. The parties shall
include citations to evidence that they anticipate will
come in at trial.
The parties shall submit a hard copy of this document
and submit it via email to the courtroom deputy in
Word format. The parties should expect to submit a
redlined version of their Proposed Findings of
Fact and Conclusions of Law within a week of the
last day of trial to reflect the evidence presented
during the course of trial.
SECOND WAVE OF DOCUMENTS IS DUE 21 DAYS BEFORE THE PRETRIAL CONFERENCE
Item Description Filed? Copy?
Motions in All motions in limine shall be filed as sub-parts Yes Yes
Limine3 within a single document not to exceed 20 pages
1
File this item in CM/ECF.
2
Provide a copy to the Court. All Judge’s paper copies of trial documents shall be three-hole
punched and double-sided. Judge’s copies must be submitted to the clerk’s office the same day
the original document is filed.
3
Daubert motions are to be filed separately from motions in limine. Consistent with the Court’s
Civil Case Management Order, when the parties anticipate bringing a Daubert challenge to a
PAGE 2 – CIVIL COURT TRIAL MANAGEMENT ORDER
Item Description Filed? Copy?
without leave of court. Conferral is required. See
Local Rule 7-1.
Exhibits and JOINT LIST OF EXHIBITS AND OBJECTIONS: DO NOT Yes
Joint List of The parties are ordered to jointly file a proposed FILE
Exhibits and exhibit list that identifies: EXHIBITS
Objections (1) all stipulated exhibits that may be received Only file Joint
without objection; and List of
(2) all remaining exhibits to be offered by any Exhibits and
party and a summary statement of the bases Objections to
for all objections to any proffered exhibit and Exhibits
a one-line summary statement of the
response to the objection.
See Example #2 for format.4
Parties are to confer to avoid duplicating exhibits.
Even if an exhibit is preadmitted, it will not be
considered by the Court in its decision unless it is if
published to the Court during trial. Parties are
advised that the Court generally only preadmits
exhibits that are stipulated to by all parties.
EXHIBIT COPIES:
Parties should provide the Court with both
physical and electronic Judge’s copies of
exhibits. The physical Judge's copies of all
exhibits shall be double-sided and placed
into separate, three-hole binders with clearly
marked index tabs, numbered for each
exhibit. The electronic Judges’ copies should
be submitted on a thumb drive.
Plaintiff's exhibits shall be numbered on
yellow exhibit stickers starting with “1”.
Defendant's exhibits shall be numbered on blue
exhibit stickers starting with “501”.
The case number shall be printed on each exhibit
proposed expert the Court will set separate a separate deadline for Daubert motions at the trial
scheduling conference.
4
All examples in this trial management order can be found on Judge Baggio’s webpage:
https://ord.uscourts.gov/index.php/court-info/our-judges/judge-baggio
PAGE 3 – CIVIL COURT TRIAL MANAGEMENT ORDER
Item Description Filed? Copy?
sticker. Each exhibit shall be paginated.
Except for exhibit stickers and exhibit page
numbers for trial, parties must ensure exhibits used
during the course of trial and provided to the jury
for deliberations are clear of any numbering from
discovery or earlier court proceedings.
Joint Jointly file a witness list that identifies all proposed Yes Yes
Witness List trial witnesses and indicates:
1. all witnesses whose testimony may be
received without objection;
2. all other witness testimony that will be the
subject of objection together with: (a) a
concise summary of the challenged
testimony, (b) a one-line statement of the
admissible purposes for which that
challenged testimony is proffered, and (c)
a one-line summary statement of the bases
for all objections to that proffered
testimony, and a one-line response to any
objections; and
3. an estimate of the time necessary to
complete the testimony of each witness.
If a witness is to be called by both sides, the parties
are directed to confer as to the most efficient and
fair presentation of testimony. The Court expects
all witnesses to testify in person, subject to Federal
Rule of Civil Procedure 43(a).
For each witness, denote whether the witness will
testify as a lay witness or expert witness.
• For lay witnesses: list all parties, corporate
representatives, and other witnesses to be
called, showing names and occupations if
relevant.
• For expert witnesses: supply a short
summary of the expert’s qualifications and
proffered testimony.
Identify If any party intends to use a deposition instead of Yes Yes
Deposition live testimony under Federal Rule of Civil
PAGE 4 – CIVIL COURT TRIAL MANAGEMENT ORDER
Item Description Filed? Copy?
Testimony to Procedure 32, the party shall file a list identifying
Be Used that deposition and explain how the Federal Rules
instead of of Civil Procedure permit such use of deposition
Live testimony.
Testimony
For any deposition designation sought to be
admitted, the parties shall confer and develop one
joint chart that briefly sets out any objections to the
admission of that testimony. This chart shall
include 1) a column specifying the disputed
portion of testimony, 2) a brief description of the
objections, 3) a response to those objections, and
4) a blank column for the Court’s decision. This
shall be filed along with the relevant portions of
the transcript(s) in dispute. The parties shall jointly
submit one chart that includes entries for any
objected-to deposition testimony to be designated.
THIRD WAVE OF DOCUMENTS IS DUE 14 DAYS BEFORE THE PRETRIAL CONFERENCE
Item Filed? Copy?
Responses to motions in limine, in a single document not to exceed Yes Yes
15 pages without leave of court.
Impeachment Witnesses or Exhibits: Names and statements of DO Yes – to
impeachment witnesses, and/or copies of impeachment exhibits NOT Court only
shall be sealed and delivered to the court. FILE
DUE TWO BUSINESS DAYS AFTER FILING OF THE THIRD WAVE:
Item Description Filed? Copy?
Joint Ruling The parties shall prepare and submit to the Court an No Yes—email
Chart – agreed-upon chart of all motions in limine which to the
Motions in the Court is to consider (see Example #3 for courtroom
Limine format). deputy in
Word
NOTE: If rulings on motions in limine relate to
objections to witnesses and /or exhibits, please
cross-reference.
PRETRIAL CONFERENCE: During the pretrial conference, the parties shall be prepared to discuss the
following:
a) Exhibit and witness objections;
PAGE 5 – CIVIL COURT TRIAL MANAGEMENT ORDER
b) Preadmission of exhibits;
c) What, if any, technological aids will be used to display exhibits during trial;
d) Deposition testimony objections;
e) Motions in limine; and,
f) Settlement and/or mediation efforts.
TWO BUSINESS DAYS AFTER THE PRETRIAL CONFERENCE:
Reflecting the rulings at the pretrial conference, the parties shall file: (1) an updated exhibit
list; (2) a joint list of all anticipated trial witnesses’ names; and (3) an updated Joint Ruling Chart.
The updated exhibit list shall contain five columns to the right of the exhibit description
labeled: “Pretrial Ruling,” “ Stipulated,” “Preadmitted,” “Offered,” and “Received,” in that order.
Exhibit lists containing supplemental exhibits must be captioned as First/Second/Third Amended
Exhibit List and must list the proposed exhibits as well as all previous exhibits (see Example #4
for format). Impeachment exhibits shall be identified on the exhibit list simply as “Impeachment
Exhibit” with no further description. ). Each amended exhibit list must show removed exhibits
in strikethrough text (example) and must highlight any new exhibits If a previously numbered
exhibit is amended per a ruling of the Court or agreement of the parties, parties are to add that
amended exhibit to the end of the list with a new number, instead of replacing the exhibit under
the same number. As an illustration, if Plaintiff’s Exhibit #6 is amended due to agreed-upon
redactions, the newly redacted exhibit will be added to the end of Plaintiff’s list with a new
number and will not replace the original Exhibit #6. On the amended exhibit list, the original
Exhibit #6 will be listed in strikethrough font. When applicable, include a short (one sentence or
less) summary of the Court’s rulings on any exhibits from the pretrial conference in the “pretrial
ruling” column. Impeachment exhibits shall be identified on the exhibit list simply as
“Impeachment Exhibit” with no further description.
As noted above, even when an exhibit is preadmitted, it will not remain in evidence
unless it was used during trial and properly submitted to the court. The parties are responsible
for ensuring that the exhibits that are in evidence at the end of trial were used during trial.
No exhibits or testimony will be received into evidence at trial, nor will any
amended pleadings be accepted, unless presented in accordance with this Order. Late
submissions will not be accepted absent a strong showing of good cause balanced against
any prejudice to the opposing party.
IT IS SO ORDERED.
DATED: _________________________.
____________________________________
AMY M. BAGGIO
United States District Judge
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