IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
,
No.
Plaintiff(s),
v. CIVIL JURY 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 Jury Trial is set to begin on ________________________ in Portland Courtroom 14B.
PAGE 1 – CIVIL JURY TRIAL MANAGEMENT ORDER
FIRST WAVE OF DOCUMENTS IS DUE 28 DAYS BEFORE THE PRETRIAL CONFERENCE
Item Description Filed? 1 Copy? 2
Joint Neutral The parties shall exchange their proposed neutral Yes Yes
Statement of statement of the case, confer regarding the proposed
Case neutral statement of the case, and
submit one joint neutral statement.
Trial The parties shall each prepare a summary of all Yes Yes
Memoranda material, factual and legal contentions along with the
elements of each claim and/or defense. Trial
memoranda are limited to 15 pages without leave of
court.
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.
Proposed In addition to a paper copy, the parties shall jointly Yes Yes – and
Joint Jury submit one single Word document of the jury email a
Instructions instructions they would like the Court to give the jury. Word
That single document should contain all of the version to
necessary instructions, with all of the elements and courtroom
relevant facts of the case filled in. Do not leave any deputy
placeholders for the Court to fill in. The document
should include an index. Insert page breaks between
instructions and between contested versions of the same
instruction. See Example #1 for format. 3
If there is a disagreement between the parties as to an
instruction, for each disputed instruction, include 1) the
Ninth Circuit Model Jury Instruction or other model
instruction, if applicable; 2) Plaintiff’s preferred
instruction version under a header highlighted in
yellow; 3) Defendant’s preferred instruction version
under a header highlighted in blue. Each party is to
include a succinct explanation for its preferred
instruction and citations to legal authority. If either
party disagrees that a proposed instruction should be
given, indicate that under the appropriate header.
Proposed Each party shall submit a proposed verdict form. Yes Yes
Verdict Form
1
File this item in CM/ECF.
2
Provide a copy to the Court. All Judge’s paper copies of trial documents shall be double-sided
and three-hole punched. Judge’s copies must be submitted to the clerk’s office the same day the
original document is filed.
3
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 2 – CIVIL JURY TRIAL MANAGEMENT ORDER
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
Limine 4 within a single document not to exceed 20 pages
without leave of court. Conferral is required. See
Local Rule 7-1.
Proposed Voir The parties shall submit an agreed-upon list of Yes Yes
Dire questions for the Court to consider asking in addition
Questions to basic biographical questions. If there are questions
on which the parties could not agree, the parties
should list those questions at the bottom of the
agreed-upon list with a one sentence explanation of
the dispute and a one-sentence response (if
necessary). As reasonable, the Court will allow each
party an opportunity to ask follow-up questions,
limited to the topics of approved questions and juror
answers. Jurors shall be referred to by badge
numbers during voir dire.
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
Exhibits and
(2) all remaining exhibits to be offered by any Objections to
party and a summary statement of the bases Exhibits
for all objections to any proffered exhibit and
a one-line summary statement of the
response to the objection.
See Example #2 for format.
Parties are to confer to avoid duplicating exhibits.
Even if an exhibit is preadmitted, if it is not
published to the jury during trial, it must be
4
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
proposed expert the Court will set separate a separate deadline for Daubert motions at the trial
scheduling conference.
PAGE 3 – CIVIL JURY TRIAL MANAGEMENT ORDER
Item Description Filed? Copy?
removed from the exhibits sent back for
deliberation. 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 copy 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
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, (c) a
one-line summary statement of the bases
for all objections to that proffered
testimony, and (d) one-line responses to
any objections; and
PAGE 4 – CIVIL JURY TRIAL MANAGEMENT ORDER
Item Description Filed? Copy?
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
Testimony to Procedure 32, the party shall file a list identifying
Be Used the deposition that it plans to use and explain how
Instead of Federal Rule of Civil Procedure permits the use of
Live the deposition testimony.
Testimony
For any deposition designation sought to be
admitted, the parties shall confer and develop a
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.
PAGE 5 – CIVIL JURY TRIAL MANAGEMENT ORDER
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;
b) Preadmission of exhibits;
c) What, if any, technological aids will be used to display exhibits to the jury;
d) Deposition testimony objections;
e) Motions in limine;
f) Voir dire matters;
g) Jury instructions;
h) Verdict form; and,
i) 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; (3) an updated Joint Ruling Chart; and
(4) Jury Evidence Recording System (“JERS”) thumb drive. 5
The updated exhibit list shall contain five columns to the right of the exhibit description
5
Separate order to follow with instructions for providing the electronic exhibits specifically for
JERS. For trials in Pendleton, the parties do not need to prepare a JERS thumb drive. The jury will
be provided with physical exhibit binders.
PAGE 6 – CIVIL JURY TRIAL MANAGEMENT ORDER
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 for
the jury to consider unless it was used during trial and properly submitted to the jury. 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 or supplemental jury instructions 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
PAGE 7 – CIVIL JURY TRIAL MANAGEMENT ORDER
