IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
JUDGE ALAN B. JOHNSON
COURT PROCEDURES
July 10, 2013
The accompanying procedures are to be used in conjunction with the Local Rules for the United
States District Court for the District of Wyoming and are not a substitute for them, except where
noted. The Local Rules, both Civil and Criminal, for this District may be obtained on the Court’s
website at http://www.wyd.uscourts.gov. Strict compliance with the Local Rules is required.
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COURT PROCEDURES FOR JUDGE JOHNSON
1. Contact with Court Personnel
2. Emergencies
3. Continuances
4. Appearances
5. Time
6. Motion Practice -- Civil and Criminal
7. Briefs and Memoranda of Law
8. Initial Pretrial Conferences and Scheduling Orders
9. Required Pretrial Materials
10. Final Pretrial Conference
11. Trial Settings; Plea Agreements
12. Exhibits
13. Equipment
14. Courtroom Procedures
15. Voir Dire
16. Depositions
17. Settlement and Orders of Dismissal
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Appendix A Proposed Joint Discovery and Case Management Plan Under Rule 26(f) of
the Federal Rules of Civil Procedure
Appendix B Memorandum and Order Regarding Discovery Motions, Motions for
Summary Judgment and Analogous Motions to Dismiss in Civil Cases
Appendix C Joint Final Pretrial Memorandum
Appendix D Final Pretrial Order
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COURT PROCEDURES
1. Contact with Court Personnel
A. The Court expects that the parties will file documents through the District Court’s
Case Management/Electronic Case Filing (“CM/ECF”) System. Information about
the status of documents, entry of orders, or docket entries should be obtained from
the CM/ECF or Pacer Systems or, if absolutely necessary, Judge Johnson’s Judicial
Assistant, Sarah Williamson, at (307) 433-2170 or
[email protected], or Judge Johnson’s Courtroom Deputy, at
(307) 433-2120, may be contacted. Inquiries as to the status of the case or pending
motions should not be made to the Court’s Judicial Assistant or Law Clerks. At
the Court’s discretion, Law Clerks may contact counsel; however, they will not
discuss matters other than the subject of the call.
B. Casual telephone inquiries should not be made about motions and case status.
Inquiries regarding motions, status of the case, and like matters should be by letter
or writing delivered to Chambers, unless time does not permit. Do not address
substantive issues in letter form as they will not be docketed or included in any
appellate record. Copies of urgent documents (including letters) or documents that
require prompt attention by the Court may be sent or hand-delivered to Chambers
(See Emergencies, § 2 below) or may be emailed to Chambers and counsel prior to
and in the same manner as the document is transmitted to Chambers. Documents
may not be faxed without the express prior permission of the Court.
C. Case related correspondence to the Court should be addressed to:
Chambers of the Honorable Alan B. Johnson
United States District Court for the District of Wyoming
2120 Capitol Avenue, Room 2018
Cheyenne, Wyoming 82001
Or by email:
[email protected]
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2. Emergencies
A. Applications for restraining orders or for immediate relief shall be filed electronically
through the CM/ECF system and all related communications with the Court must be
submitted to Chambers contemporaneously. Such applications shall be presented to
the Court following counsel’s affirmation that the opposing party has been contacted
and that both parties can be available for an in-chambers conference with the Court
or accompanied by an explanation why such contact is not legally required. Ex parte
applications for restraining orders will not be entertained unless the requirements of
Fed. R. Civ. P. Rule 65(b) have been satisfied.
B. Motions for extension of deadlines or cut-off dates are not emergencies.
3. Continuances
A. Agreements or joint motions among counsel for continuances are not binding on the
Court. Motions for continuances will be granted only at the Court’s discretion.
B. To the extent possible, bona fide vacation requests will be respected if they are made
well in advance of a trial setting.
C. As a general rule, a trial will not be continued because of the unavailability of a
witness. Counsel are expected to anticipate such possibilities and should be prepared
to present testimony by written deposition, videotaped deposition or by stipulation.
4. Appearances
A. An attorney or pro se party who appears at a hearing or conference shall:
(1) be familiar with the case;
(2) have authority to bind the client, and
(3) be in charge for that appearance.
B. Counsel wishing to appear at a conference or hearing by telephone must contact
Chambers to obtain permission and make arrangements for telephone participation
as far in advance of the conference or hearing as reasonably possible. If the Court
agrees to participation by telephone conference call, the requesting party is
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responsible for making all arrangements providing for all parties’ participation.
Conference calls shall be made to Judge Johnson’s main chambers number, (307)
433-2170, at the scheduled time. Parties must call in on a single line. It is preferred
that parties use a land line and do not use cellular or speaker telephones.
Additionally, telephonic appearances are disfavored in evidentiary hearings.
C. Counsel must notify Chambers immediately of the resolution of any matter that is
set for trial or hearing.
D. Failure to appear when notified of a setting may subject the attorney and/or his or her
client to sanctions, including dismissal for lack of prosecution and/or other
appropriate order or judgment.
E. Counsel seeking to appear pro hac vice must satisfy promptly and fully all provisions
of Local Rule 83.12.2. Counsel admitted to appear pro hac vice must fully
familiarize him/herself with the provisions of the Local Rules of this District as well
as these Court Procedures.
5. Time
Unless otherwise specified by the Court, time shall be computed in accordance with Rule 6
of the Federal Rules of Civil Procedure and Rule 6.1 of the Local Rules of this Court. Whenever
a period is stated in days or a longer unit of time, the day of the event that triggers the event is
excluded; every day, including intermediate Saturdays, Sundays, and legal holidays is counted; and
includes the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the
period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
Where the Court has determined that business days shall be used to calculate time, it will be
specifically stated in the pertinent order or other document from the Court. The parties should also
refer to Fed. R. Civ. P. 6 for further provisions regarding calculations of time.
6. Motion Practice -- CIVIL AND CRIMINAL
A. The Court follows the written motion practice described in the Local Rules and as
further outlined in this Court’s “Memorandum and Order Regarding Discovery
Motions and Dispositive Motions, including Motions for Summary Judgment and
Analogous Motions to Dismiss in Civil Cases” (see Appendix B, included in these
Court Procedures). Because most motions will be ruled upon the parties’ written
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submissions, without oral argument or hearing, brief, clear and concise moving
papers are important. Motions and responses will be considered by the Court after
the submission date.
B. Counsel may request oral hearing or argument if he or she believes an oral hearing
would assist the Court. Chambers will notify counsel if the Court determines that an
oral hearing would be beneficial.
C. Counsel must make serious and timely efforts to confer with opposing counsel on all
non-dispositive motions in an effort to reach agreement on the relief sought by the
movant. Pursuant to Local Rule 7.1(b)(A), counsel for the moving party shall set
forth in writing all good faith efforts undertaken to resolve the dispute. The Court
will not consider the motion where this information has not been provided. Counsel
who repeatedly fail to return phone calls or other efforts relating to the conference
requirement will be required to explain this behavior to the Court. In extreme cases,
sanctions may be imposed.
D. All motions, pleadings and other communications to the Court (other than ex parte
communications permitted by law) must be served on all other parties to the case.
E. All written submissions filed in a case must also comply with the provisions of Rule
5.2 of the Federal Rules of Civil Procedure and Local Rule 8.2, entitled “Exclusion
of Certain Personal Data from Pleadings.” Unless otherwise identified by the Court,
to protect personal privacy and other legitimate interests, parties shall refrain from
including or shall redact from their pleadings and exhibits thereto:
• Social Security Numbers and Taxpayer Identification Numbers. (If an
individual’s social security number or a taxpayer identification number must
be included, only the last 4 digits of the number should be used.)
• Names of Minor Children. (If the involvement of a minor child must be
mentioned, only the initials of that child should be used.)
• Dates of Birth. (If an individual’s date of birth must be included, only the
year of birth should be used.)
• Financial Account Numbers. (If a financial account number is relevant, only
the last 4 digits of such numbers should be used.)
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• Home addresses. (If a home address must be included, only the city and state
should be used.)
F. All motions except motions pursuant to Fed. R. Civ. P. Rule 12(b)(6) and Rule 56
must include a separate proposed order granting or denying the relief requested. All
motions filed pursuant to Fed. R. Civ. P. Rule 12(b)(6) or Rule 56 must specifically
include separate proposed findings of fact and conclusions of law.
G. Most discovery disputes, especially those dealing with: (1) scheduling; (2) the
number, length, or form of oral or written questions; (3) the responsiveness of
answers to oral or written questions; and (4) the mechanics of document production,
including protective orders and the proper method of raising claims of privilege,
should be resolved by counsel without the intervention of the Court. Any party
wishing to make a discovery motion should arrange for an informal conference with
the Court before submission of any motion papers.
No written discovery motions shall be filed without the prior approval of the Court.
A party with a discovery dispute must first confer with the opposing party in a good
faith effort to resolve by agreement the issues in dispute. If that good faith effort is
unsuccessful, the moving party shall then contact Chambers by telephone to request
an informal telephone conference with the Court. This request carries with it a
professional representation by the lawyer that the duty to meet and confer has been
satisfied and that a good faith effort to resolve the dispute without Court intervention
has been made. If the Court requests, the parties shall supply the Court with the
particular discovery materials (such as objectionable answers to interrogatories) that
are needed to understand the dispute. To the extent possible, the Court will dispose
of discovery disputes at the informal conference. If the Court’s informal attempts to
resolve discovery disputes are unsuccessful, the Court may determine that a written
motion and further briefing are necessary. The issues to be addressed and a briefing
schedule will be set during the informal conference, if possible.
If the relief sought is against a non-party to the litigation, that relief may be sought
by motion, including by way of example motions to quash third party subpoenas.
H. Motions for extensions of discovery must be filed far enough in advance of the
deadline to enable opposing counsel to respond before the deadline.
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I. Excessive filing of a large number of motions or filing voluminous paperwork may
be considered by the Court as having been done for the purposes of delay or
harassment and may result in sanctions.
J. IN CRIMINAL CASES, the Court generally adheres to Rule 47.1 of the Local
Criminal Rules for the District of Wyoming. Motion filing deadlines are, in most
cases, set out in the Order entered following a defendant’s arraignment. This
deadline will not be extended without further order of the Court. Where a motion has
been filed in a criminal case, responses in opposition must be filed within 10 days
after the motion has been filed and served. Failure to file a timely response in
opposition to the motion may be deemed by the Court in its discretion to be a
confession of the motion. In criminal cases, reply briefs shall be filed within 5 days
after service of the response brief and should be filed at least 5 days prior to the date
set for hearing on the motion. The Court’s objective in establishing these deadlines
is to avoid eleventh hour submissions prior to a scheduled hearing which cannot be
properly considered or thoroughly reviewed by the Court and opposing counsel prior
to the hearing.
7. Briefs/Memoranda of Law
A. The Court requires concise, pertinent, and well-organized briefs and memoranda of
law.
B. Each non-dispositive motion, and memorandum or brief, as well as briefs in
opposition to non-dispositive motions filed in this Court shall be limited to 10 pages.
Motions seeking permission to file briefs containing more than 10 pages will be
granted only when complex or numerous legal issues justify such relief and counsel
shall state how many pages the brief will contain.
C. Absent leave of court, dispositive motions and briefs or memoranda of law, and
briefs in opposition, shall be limited to a maximum of 25 pages. Motions seeking
permission to file briefs containing more than 25 pages will be granted only when
complex or numerous legal issues justify such relief and must also state how many
pages the over-length brief will contain. It is always preferable that requests to file
over-length briefs be made before the due date rather than on the date that the
submission is due.
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D. The parties shall not file reply briefs for any matter that has been set for hearing,
unless otherwise allowed by the Court. If counsel anticipates the need for a hearing,
a request for hearing should be filed as soon as possible. Where reply briefs are
permitted, they must be filed within 7 days after service of the response brief in a
civil case and within 5 days after service of the response brief in a criminal case.
Reply briefs in all cases should be limited to no more than 10 pages.
E. All briefs and memoranda must contain:
(1) A short statement of the nature and stage of the
proceeding;
(2) A statement of the issues to be ruled upon by the
court, and a short statement, supported by authority of
the standard of review for each issue;
(3) A short summary of the arguments under appropriate
headings succinctly setting forth separate points;
(4) A short conclusion stating the precise relief sought;
(5) Proposed orders or findings of fact and conclusions of
law, as appropriate.
F. All briefs containing more than 15 pages of argument must contain, in addition to the
foregoing, the following items:
(6) A table of contents setting forth the page number of
each section, including all headings designated in the
body of the brief or memorandum;
(7) A table of citations of cases, statutes, rules, textbooks
and other authorities, alphabetically arranged.
G. All exhibits (contracts, leases, affidavits, etc.) referred to in briefs must be attached
to the brief.
H. Any brief, memorandum, or motion that cites authorities not found in the United
States Code, United States Supreme Court Reporter, Federal Reporter, Federal
Supplement, Pacific Reporter, or Wyoming Statutes should append copies of the
relevant authorities and complete copies of cases. Unpublished opinions should also
be included.
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I. Copies of any affidavits, deposition testimony excerpts, or other discovery
documentation referred to in the briefs should also be appended. Citations to
deposition or affidavit testimony must include the appropriate page or paragraph
numbers. Citations to other materials with three or more pages must include some
sort of pinpoint identification (section number, page number, Bates stamp number,
etc.). Each appendix should contain a paginated table of contents and may be tabbed
to locate easily the materials contained in the appendix.
J. All documents filed containing more than 20 pages are required to be sent to
Chambers the day of filing. Any document over 50 pages should be hole punched
and bound and tabbed in a binder type notebook. Double sided printing for courtesy
copies is recommended.
K. If a motion hearing is scheduled and a pleading is filed within 5 days of the scheduled
hearing, counsel shall deliver a courtesy copy to chambers.
8. Initial Pretrial Conferences and Scheduling Orders
A. Refer to Fed. R. Civ. P. 16, 26 and 26(f); Local Rules 16.1 and 26.1. Prior to the
date set by the Court for an Initial Pretrial Conference before the Court, the parties
must file a “Joint Report of Meeting and Proposed Joint Discovery/Case
Management Plan” in the form provided (Appendix A to these Court Procedures) at
least 7 days before the date scheduled for the Initial Pretrial Conference. At the
Initial Pretrial Conference, the parties shall be prepared to discuss deadlines and shall
be able to commit to settings for trial. Following the Initial Pretrial Conference, the
Court will enter its separate Initial Pretrial Conference Order, which will govern all
deadlines and settings and will control the subsequent course of the case. This Order
shall not be modified except by Order of the Court for good cause. If new parties are
joined subsequent to entry of the Order, the party causing such joinder shall provide
copies of all orders previously entered in the case, along with the Initial Pretrial
Conference Order and the Court’s Procedures manual to all new parties.
9. Required Pretrial Materials
A. Joint Final Pretrial Memorandum
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The parties shall file a Joint Final Pretrial Memorandum, which shall address each
of the items identified in the form provided in Appendix C, included in this Court’s
Procedures. During their preparation of this Joint Final Pretrial Memorandum, the
parties should have considered all applicable items identified in Appendix A of the
Local Rules for the United States District Court for the District of Wyoming, entitled
“Pretrial Notice and Check List.” The Joint Final Pretrial Memorandum shall be
filed no later than 30 days before the Final Pretrial Conference.
B. Exchange of Exhibits
The parties shall exchange exhibits prior to the date of the Final Pretrial Conference.
See Appendix C and D included with this Court’s Procedures for further information
regarding exhibits.
Counsel for the plaintiff is responsible for ensuring that the Joint Final Pretrial
Memorandum is filed on time. The defendant is responsible for supplying the
plaintiff with a final version of the Joint Final Pretrial Memorandum at least 3
business days before the Joint Final Pretrial Memorandum is due. The Joint Final
Pretrial Memorandum must be signed by all counsel.
If the plaintiff fails to file the Joint Final Pretrial Memorandum, then the defendant
is responsible for filing the defendant’s portions of the Joint Final Pretrial
Memorandum. Failure to timely file a Joint Final Pretrial Memorandum may subject
counsel and his or her client to sanctions, including dismissal for want of prosecution
and/or other appropriate consequence, as determined by the Court.
C. Motions in Limine shall be filed contemporaneously with the Joint Final Pretrial
Memorandum.
10. Final Pretrial Conference
A. The Court will enter an Order on Final Pretrial Conference following conclusion of
the Final Pretrial Conference, generally in the form set out in Appendix D of these
Court Procedures. After that Order has been signed by the Court, it will control the
course of the trial and may not be amended except by consent of the parties and the
Court, or by Order of the Court to prevent manifest injustice. Pleadings will be
deemed merged therein. In the event of any ambiguity in any provision of the Order
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on Final Pretrial Conference, reference may be made to the record of the conference
to the extent reported by stenographic notes, and to the pleadings.
B. Required Documents for Trial and Evidentiary Hearings
• Exhibit Lists. Copies of any exhibits not previously produced shall be made
available no later than the date that the Joint Final Pretrial Memorandum is
filed.
• Witness Lists for all witnesses.
• Designations of deposition excerpts for witnesses being called by deposition.
A copy of each deposition excerpt must be provided to the Court.
• Objections, if any, to an opponent’s exhibits must be filed at least 7 business
days before trial with copies of the disputed exhibit and authority. Any party
requiring authentication of an exhibit must notify the offering party in writing
within 7 business days after the exhibit is made available to opposing
counsel. Failure to object is an admission of authenticity.
C. For all trials, the parties shall file motions in limine contemporaneously with the
Joint Final Pretrial Memorandum.
D. Proposed Jury Instructions, verdict forms, and suggested voir dire questions shall be
filed 7 business days before the commencement of trial. Parties need not file stock
instructions. However, if the parties desire instructions that differ from the stock
instructions, they should offer them with their proposed substantive instructions.
Requests for instructions are to include one set with authority and one additional set
ready for submission to the jury; no signature block on the bottom of each instruction
is necessary. Proposed Jury Instructions, Special Verdict forms and proposed voir
dire shall be submitted in writing and filed, as usual, and also sent as an attachment
via email directly to Judge Johnson’s Chambers,
[email protected],
formatted for Wordperfect or Word.
E. For non-jury trials, the parties may submit proposed Findings of Fact and
Conclusions of Law 30 calendar days after the trial transcript has been made
available. Counsel are strongly encouraged to include specific references to
testimony and exhibits which support each proposed Finding of Fact. Conclusions
of Law should contain citations of legal authority supporting the conclusions.
Proposed Findings of Fact and Conclusions of Law should, at a minimum, address
the following: (1) the prima facie elements of each cause of action and defense
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asserted, (2) legal definitions, (3) components of damages, and (4) methods of
calculation of damages.
11. Trial Settings; Plea Agreements
A. Trial dates are set in this Court’s Order on Initial Pretrial Conference and pretrial
scheduling order. Some settings may be stacked settings. Chambers personnel, the
Courtroom Deputy, and personnel in the Clerk of Court’s office cannot definitively
ascertain when a case will be reached. Any predictions that counsel may be given are
at best “educated guesses” and are not binding on the Court. Occasionally, the Court
may reschedule a trial date within the first few days after it has been set initially, if
counsel become aware of scheduling difficulties among themselves, their clients, or
witnesses. If no such communication is promptly received by the Court,
continuances of trial dates are disfavored.
B. Final Pretrial Conferences will usually be held approximately 4 weeks prior to the
scheduled trial date and a separate Order on Final Pretrial Conference will be entered
thereafter.
C. IN CRIMINAL CASES, counsel must notify the Court of any plea agreement that
will obviate the need for trial at least 5 days prior to trial. Lack of diligence in
securing a timely plea agreement may result in the imposition of costs.
12. Exhibits
A. All exhibits must be marked and exchanged among counsel before trial, and
preferably before the Final Pretrial Conference. The offering party must mark his or
her own exhibits with the party’s name, case number, and exhibit number or letter.
Plaintiffs should mark exhibits with numerals; defendants shall mark exhibits with
letters.
B. The parties are also requested to confer after exchanging exhibits to determine
whether they have included duplicate exhibits. The Court has a preference that
duplicate exhibits not be admitted for the plaintiff and the defendant. At the Final
Pretrial Conference, parties may also want to discuss the possibility of using joint
exhibits or other proposals for avoiding duplication of exhibits.
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C. Counsel for each party shall provide the Court with two copies of that party’s
exhibits in a properly tabbed and indexed notebook. One copy will be placed on or
near the witness stand to be readily available for witnesses testifying during trial. At
the Final Pretrial Conference, as an alternative, the parties may wish to discuss use
of electronic exhibits during trial. If electronic exhibits are used during trial, two
identical DVDs or thumb drives (for example) containing a party’s exhibits should
be provided, one for the Court and another for the Court Reporter.
D. Counsel may not pass exhibits to the jury during trial without obtaining permission
in advance from the Court and first showing the exhibit to opposing counsel.
E. All admitted exhibits will go to the jury during its deliberations.
F. Counsel should also become familiar with Local Rule 79.2 and Local Criminal Rule
61.4 regarding disposition of exhibits during and following trial.
G. Counsel should also feel free to raise any questions or issues regarding exhibits at the
Final Pretrial Conference.
13. Equipment
A. There is some equipment available in the courtroom, including projection, ELMO,
sound and video equipment, and easels with writing pads. Counsel are invited to use
that equipment during trial. Training and familiarization sessions should be set up
before trial by contacting the Courtroom Deputy to make acceptable arrangements
for such a session. Counsel may also use their own equipment, but arrangements
should be made with the Courtroom Deputy for doing so before trial.
B. The Official Court Reporter is capable of providing Real Time Transcription.
However, parties requesting Real Time Transcription must contact the Court
Reporter at least three weeks prior to trial to make acceptable arrangements. The
Official Court Reporter’s contact information may be obtained by contacting
Chambers.
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14. Courtroom Procedures
A. The Court’s hours during trial will vary depending upon the type of case and the
needs of parties, counsel, witnesses, and the Court. Court will usually convene at
9:30 a.m. and adjourn near 5:00 p.m., with a mid-day lunch recess. Court hours may
also vary during trial due to other civil and criminal matters that must be heard during
that time. Hours are subject to change.
B. Counsel needing access to the courtroom to set up equipment or exhibits outside of
normal business hours must arrange in advance with the Courtroom Deputy to have
the courtroom open.
C. Telephone messages for counsel generally will not be taken by the judge’s staff
and counsel shall generally refrain from requesting use of telephones in chambers.
Counsel should be familiar with Local Rule 83.4.1 and are also advised to review
the Wyoming Federal District Court General Order Regarding Wireless
Communication Devices, Administrative General Order 2011-04, available online
at http://www.wyd.uscourts.gov/pdfforms/generalorder.pdf#2011-04.
D. Handing documents to the Courtroom Deputy does not constitute the filing of
documents. All original documents must be filed in the Clerk of Court’s office or
filed electronically. Two copies of documents filed immediately before and during
trial should be submitted to the Courtroom Deputy.
E. Counsel and parties must comply with Local Rule 43.3 and Local Criminal Rule 53.1
regarding courtroom behavior and decorum.
F. Counsel should enter and leave the courtroom only by the front doors and not through
the Court’s entrance or the side entrances.
G. No food or beverages other than water are allowed in the Courtroom, unless
otherwise specifically permitted by the Court.
H. Seating for counsel and their clients is indicated by signs provided by the Court
identifying each counsel table as either “Plaintiff” or “Defendant.”
I. Counsel should also adhere to the requirements of Local Rule 43.2 regarding
exclusion of witnesses. Counsel are responsible for monitoring their witnesses at all
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times to ensure a witness is not present in the Courtroom at any time that the witness
is subject to exclusion.
J. Counsel are responsible for summoning witnesses into the courtroom and instructing
them on proper courtroom decorum. Counsel should bear in mind the Court’s
general hours and arrange for witnesses accordingly. The Court encourages
discussions between counsel to make cooperative arrangements for appearance of
witnesses out of order or as may be necessary to facilitate a witness’s appearance at
trial.
K. Counsel must stand at the podium during opening statements and closing arguments
and during questioning of witnesses. At all times during trial, counsel should take
care to speak clearly into the microphones to ensure an accurate record of the
proceedings.
L. Counsel must make every effort to elicit from the witnesses only information relevant
to the issues in the case and to avoid cumulative testimony.
M. While the jury is deliberating, counsel shall be available within 15 minutes for jury
notes or a verdict, unless otherwise ordered by the Court. Counsel should provide
a telephone number to the Courtroom Deputy so counsel may be advised that their
presence in Court is immediately required.
15. Voir Dire
The Court will conduct a preliminary examination of the jury panel, following any necessary
qualification of the jury panel. Generally, the Court will permit approximately 15 minutes to counsel
on each side to examine the jury panel following the Court’s examination. The amount of time
allowed may vary depending on the case. Proposed voir dire questions must be submitted to the
Court prior to the trial, as set forth in the pertinent pretrial scheduling orders.
16. Depositions
A. The Court will accept the parties’ agreement to use a deposition at trial even though
the witness is available. Otherwise, counsel should follow Fed. R. Civ. P. 32.
B. Before trial, counsel must provide the Courtroom Deputy with a copy of any
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deposition to be used at trial.
C. Counsel must designate the portion of any deposition to be read by citing the pages
and lines in the Joint Final Pretrial Memorandum. Objections to those portions
(citing pages and lines) with supporting authority must be filed at least 7 business
days before trial or as otherwise provided in any pretrial scheduling order.
D. Use of videotaped depositions may be permitted, if edited to resolve all objections
and incorporate the Court’s rulings on objections.
E. In a non-jury trial, counsel shall offer the entire deposition as a trial exhibit and are
requested to attach to the front of the deposition exhibit a summary of what each
party intends to prove by such testimony. If specific portions of the deposition are
to be offered, counsel shall highlight or attach to the front of the deposition exhibit
a list of those portions, citing line and page numbers.
17. Settlements and Orders of Dismissal.
A. Counsel shall immediately notify the Court’s Judicial Assistant or other Chambers
Staff at (307) 433-2170 of a settlement of any matter set for conference, hearing or
trial. If a motion (other than a motion seeking dismissal following settlement) has
been resolved upon agreement of the parties, the Court will then deny the motion as
moot.
B. Announcement of a settlement must be followed by closing papers or pleadings
necessary to terminate the action within 30 days, unless otherwise provided by the
Court because the settlement cannot be completed within the allotted time or other
good reason. Where failure to perfect a settlement has not been accomplished in a
timely manner, the Court may order the action restored to the Court’s active docket
and set the case for trial.
C. Any defendant upon whom service has not been perfected within 120 days after the
complaint is filed will be dismissed for want of prosecution in accordance with Fed.
R. Civ. P. 4(m).
D. The parties and counsel should also be familiar with Local Rule 41.1, providing for
dismissal for lack of prosecution in a languishing case. Where no action has been
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taken in any case by a party for 3 months or the case has not come to issue by that
time, the Clerk of Court will be directed to notify counsel of record or the parties
whose addresses are known, and all pro se litigants, by certified mail return receipt
requested, that the case shall be dismissed for lack of prosecution 30 days from the
date of that notice. If no action is taken within that 30 day period after notice has
been given, the Court may in its discretion enter the order of dismissal without
further notice or hearing. The Order shall be mailed to all counsel of record or to the
parties.
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