UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
[Plaintiff Name], Case No. 6:XX-cv-XXXXX-MTK
■-
Plaintiffs, TRIAL MANAGEMENT ORDER
v.
[Defendant Name],
Defendant.
KASUBHAI, United States District Judge:
In preparation for the pretrial conference and jury trial in this case the Court sets the
following dates and deadlines:
1. Pretrial-
- Conference:
- [Date]
- at [Time],
1111 before Judge Kasubhai in Courtroom #1.
2.
-
Jury Trial: Beginning [Date], in Judge Kasubhai’s Courtroom #1. The trial is scheduled
for [number of days/weeks]. The trial date is a firm date and will be continued only in unusual
and unforeseen circumstances.
3. Pretrial Material Filing Deadlines:
a. 28 days before pretrial conference (September 1, 2024):
(1) Plaintiff’s exhibit lists with copies of exhibits to chambers. The exhibit
lists shall be filed with the Court. The exhibits themselves shall not be
filed, but instead provided directly to chambers.
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(2) Plaintiff’s witness statements including Plaintiff’s expert reports if not
previously provided.
(3) Pretrial order unless waived by the parties with leave of the Court.
b. 21 days before pretrial conference (September 8, 2024):
(1) Defendants’ exhibit lists with copies of exhibits to chambers. The exhibit
lists shall be filed with the Court. The exhibits themselves shall not be
filed, but instead provided directly to chambers.
(2) Defendants’ witness statements including Defendants’ expert reports if not
previously provided.
(3) All deposition designations (see deposition procedures below).
(4) Trial memoranda. Provide a brief summary of all material factual and
legal contentions along with the elements of each claim and any defenses.
Trial memoranda are limited to 15 pages unless a party seeks leave of the
Court. The parties may request waiver of trial memoranda in factually
simple cases or in cases where the issues in the case were adequately
summarized during motion practice.
(5) Proposed verdict forms.
(6) Proposed jury instructions.
a. Joint proposed jury instructions. The parties, following conferral, shall
identify and submit all agreed upon instructions as “joint” instructions.
b. Contested jury instructions. If the parties disagree as to the form or
content of any instruction, the parties shall jointly file, in a separate
document from the “joint” instructions, alternate proposed instructions
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along with each party’s brief argument as to the need for the proposed
alternate instruction.
c. Form of jury instruction submissions. Each instruction, including any
model instruction, shall be on a separate sheet of paper citing any
relevant authority. In addition to filing these items with the Court, jury
instructions and verdict forms must also be emailed to the Court at
[email protected]. Any modification of model
instructions should be clearly shown by using bold font or underlining.
(7) Neutral Statement of the Case. The parties shall confer on a proposed
neutral statement of the case and submit it jointly if agreement is possible.
c. 14 days before pretrial conference (September 15, 2024):
(1) Motions in limine. Do not file motions in limine that are pre-emptive in
nature regarding opposing counsel’s obligations under the code of
professional conduct or the rules of evidence. Do not file broad requests
that are not specific to the evidence in the case (e.g., “motion to preclude
hearsay” or “motion to prevent counsel from arguing law in opening
statement”).
(2) Objections to exhibits, witnesses, deposition designations, verdict form,
and jury instructions. Objections to witnesses and exhibits must be
specific and complete and must identify the exhibit or witness. Responses
to objections must be sufficiently specific to enable the Court to provide a
ruling. 1
1
Example: Plaintiff objects to exhibit 201 (plaintiff’s employment application) on grounds of
relevance. Plaintiff has stipulated to the effective date of her employment. Response: Defendant
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(3) A joint list of exhibits the parties stipulate will be admitted.
d. 7 days before pretrial conference (September 22, 2024):
(1) Responses to motions in limine;
(2) Responses to objections to exhibits, witnesses, deposition designations,
verdict form, and jury instructions.
(3) A chart listing all objections and motions in limine that require a ruling
from the Court. This must be prepared in Microsoft Word format and
emailed to
[email protected]. Do not e-file this document.
Please use the below format for this e-mail submission:
Exhibit number, witness Objection and/or applicable rule.
name, or Motion in
Limine number
(this should not exceed two sentences)
4. Procedures: Except as otherwise noted above, the original and one copy of all trial
documents shall be filed with the Court and copies served on all parties. Each item submitted to
the Court shall be a separately captioned and stapled document; do not staple different items
together. Failure to comply with the Court’s deadlines, procedures or instructions may result in
the preclusion of such evidence from trial or other sanctions as appropriate.
a. Exhibits and Exhibit Lists: Plaintiff’s exhibits should be numbered and listed
starting with “1.” Defendants’ exhibits should be numbered and listed starting with “201.” The
offers this exhibit solely for the limited purpose of establishing that when she applied, plaintiff
requested a swing shift assignment. This evidence constitutes impeachment of plaintiff’s
anticipated direct testimony that her transfer from a day to night shift constituted an adverse
action.
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case number should be printed on each exhibit sticker. If there are multiple parties or more than
200 exhibits per party, contact the courtroom deputy for number assignments. If any exhibit is
replaced by a revised version, the replacement exhibit shall be denoted with a letter suffix (e.g.,
exhibit 101A would replace exhibit 101) or else with a new assigned number. Photographs,
charts, and the like will be individually numbered unless they are of a specific set, in which case
they will be given a lead number, with sequential destinations 50a, 50b, etc. Exhibit lists must be
complete and reflect all exhibits presented at trial.
Copies of each numbered exhibit shall be supplied to the Court and opposing counsel.
Original exhibits shall be submitted at the time of trial in compliance with this order. Both the
original and the judge’s copies of exhibits shall be three-hole punched and placed into binders
with clearly marked index tabs.
Parties must seek leave of the Court to file supplemental exhibits after the exhibit
deadline set forth above unless there is a joint agreement. Any proposed supplemental exhibits
must be separately captioned and include a supplemental or revised exhibit list.
b. Witnesses:
(1) General Directions: The parties and counsel are encouraged to advise the
Court in their pre-trial submissions of their pronouns and honorifics and the pronouns and
honorifics of any witnesses they intend to call. Parties and counsel are instructed to
address witnesses in all written documents and court proceedings by those identified
pronouns and honorifics.
(2) Lay Witnesses: List all parties, corporate representatives and other witnesses
to be called, showing names and occupations if relevant. If the witness will testify
consistent with deposition testimony, simply indicate that. If a witness will testify to
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anything outside of deposition testimony, submit a statement setting forth the complete
substance, not just the subject of the testimony. For example, do not say, “The witness
will testify about the accident.” Say, “The witness will testify that the defendant ran the
red light and was going an estimated 30 miles per hour.” Testimony at trial will be
limited to subject matter identified in the witness statements, absent a showing of just
cause for the omission, balanced against any prejudice to the opposing party.
Give a time estimate for the direct testimony of each witness.
All witnesses are excluded from the courtroom with the exception of expert
witnesses.
(3) Expert Witnesses: Supply a written report of each expert, whether for the case
in chief or rebuttal, setting forth the expert’s qualifications, the substance of any opinions
to be expressed in detail, and the facts and data upon which the opinions are based. As
with lay witnesses, any subject not covered in the expert report will not be allowed at trial
absent a showing of just cause for the omission, balanced against any prejudice to the
opposing party.
The requirement for filing expert witness statements for purposes of trial does not
supersede a party’s obligation to produce pertinent expert disclosure during the discovery
phase of proceedings under Fed. R. Civ. P. 26. Fact experts, such as a treating physician,
may be limited in proffering an opinion on issues outside treatment unless required expert
disclosures are made.
c. Accommodating Disabilities: Please notify the Court in advance of any
witnesses, party, or counsel who will need accommodation for any disability.
d. Translators: The court does not provide translators in civil cases.
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e. Depositions: Deposition transcripts which are intended solely for impeachment
purposes need not be filed with the court. Depositions offered in lieu of live testimony must be
submitted to the court, highlighting those portions sought to be admitted. Should more than one
party wish to utilize the same deposition in lieu of live testimony, a single deposition must be
submitted jointly by the parties with each party highlighting their designations in a different
color.
Deposition transcripts used in lieu of live testimony are generally not considered
“exhibits” and they typically do not go to the jury during deliberations. Please consider in
advance how you wish to present the deposition testimony to the jury; whether through video,
proxy witness, or audio recording. The Court’s clerk is available to sit in as a proxy witness.
Objections to deposition designations: Please provide portions of the deposition
transcript with objections highlighted in order for the Court to rule. If the Court strikes any
portion of the deposition, be prepared to remove that portion from the audio or video recording
that is to be played to the jury.
5. Pretrial Conference: During the pretrial conference, be prepared to discuss the following:
a. Motions in limine and other objections.
b. Anticipated trial timetable;
c. Courtroom presentations: graphics or exhibits during opening statement;
demonstrative evidence (e.g., maps, summaries, models, computer animations, etc.); and
equipment needs (e.g., lectern, digital projector, or DVD player);
d. Voir dire questions. While it is the custom in federal court for the judge to
conduct voir dire, please note that Judge Kasubhai requires the attorneys to conduct voir dire.
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The Court will provide the jurors with some introductory questions and the attorney will then
inquire of all prospective jurors.
e. Stipulated facts;
f. Other matters that may arise.
6. Additional Guidance: Please refer to the Trial Court Guidelines for U.S. District Court of
Oregon, on the court’s website: https://ord.uscourts.gov/index.php/attorneys/trial-court-
guidelines. If you are not familiar with the courtroom’s technology, please arrange a tutorial
with the courtroom deputy in advance of trial. New attorneys (attorneys practicing less than 7
years) who are trying to get trial experience may present argument to the Court and examine a
witness with a senior attorney providing back up (in other words, the Court is willing to suspend
the “one witness/one attorney rule” in these situations).
IT IS SO ORDERED.
DATED this _____ day of ________, 2025.
____________________________
Mustafa T. Kasubhai (he/him)
United States District Judge
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