Free Order - District Court of Connecticut - Connecticut

, Case 3:00-cv-00166-CFD Document 26 Filed 11/10/2003 Page 1 of 3
‘ l
l
UNITED srnrns msrnrcr counr ?§`iE." ‘?iL°
DISTRICT OF CONNECTICUT ° " " i`
RICHARD R. KNIGHT, ; will till`? l U ig lr ll 8 [
Plaintiff ; _ l
: .5 l]0l.|Rl
v. ; Civil Action N0. limi l l Um] (rl I
: 3:00 CV 166 (CFD)
CITY OF NEW HAVEN ET AL., : Q
Defendants :
l
TRIAL MEMORANDUM ORDER I
(Jury Cases) I
It is hereby ORDERED that: .
1
1. The parties shall jointly file with the Office of the Clerk, in one continuous document
to be signed by all counsel, a Trial Memorandum for approval by the court. A courtesy copy l
shall be submitted to the chambers of the undersigned. I
Except as modified hereby, the Trial Memorandum shall be submitted in compliance with
Rule l0 of the Local Rules of Civil Procedure and the Standing Order Regarding Trial l
Memoranda in Civil Cases (the "Standing Order"), which is included in the Local Rules of Civil l
Procedure. The Trial Memorandtun shall be filed no later than December 12, 200;
THE TRIAL MEMORANDUM SHALL CONTAIN THE INFORMATION
REQUIRED BY THE STANDING ORDER. IN ADDITION, THE PROCEDURES SET
FORTH BELOW SHALL BE FOLLOWED: I
Claims and Defenses: Counsel shall indicate the specific nature and authority for each l
affirmative claim and defense maintained (see paragraph 4 of the Standing Order),
Witnesses: For each expert witness (see paragraph 10 ofthe Standing Order), the Trial
Memorandum shall set forth the opinion to be expressed, a brief summary of the basis of
the opinion and a list of the materials on which the witness intends to rely. Also, state the l
area of expertise and attach a curriculum vitae, if available. l
If a party objects to all or any part of the anticipated testimony of any witness, lay or
expert, the objection must be stated in this section of the Trial Memorandum so that the
objection can be resolved prior to jury selection. This includes any objection under Rule
702 ofthe Federal Rules of Evidence.
Exhibits: With respect to exhibits (see paragraph ll of the Standing Order), the parties
shall also comply with the following requirements: I
I l
l
________ __;_m.L.r-.~
—%+_ _ _ _ , .._ __ _._, . _. ,_ _ I N QT __ ,,..
_

. * Case 3:00-cv-00166-CFD Document 26 Filed 11/10/2003 Page 2 of 3
I
(a) The parties shall mark the plaintiffs and the defendant's respective exhibits in
numerical order (e.g., "Plaintiffs Exhibit l", etc. and "Defenda.nt's Exhibit I", l
etc.) with exhibit tags, which will be provided by the Clerk‘s Office upon [
request. Where there are multiple plaintiffs and/or defendants, counsel should j
coordinate exhibit identification to ensure that exhibit numbers are not .
duplicated.
(b) Copies of the actual exhibits shall be exchanged no later than fourteen (14) days I
prior to the pretrial conference, and the original set of exhibits for the Deputy
Clerk and two (2) complete copies ofthe exhibits (in binders) shall be submitted I
to the Deputy Clerk at least one (1) day prior to trial. Q
(c) All objections to designated exhibits, except as to relevance, must be tiled
through a motion in lirnine tiled not later than three (3) days prior to the pretrial
conference, together with a memorandum citing authorities in support of the l
objection.
Statement in Lieu of Opening Statement: The parties shall attach to the Trial
Memorandum a written statement, in lieu of an opening statement, as an aid to the
court in its introduction of the case to the jury.
J ury Instructions: The parties shall meet and confer for the purpose of preparing and
tiling agreed upon jury instructions. The proposed instructions shall be submitted in
the form of one continuous docrunent, which shall be filed as an attachment to the
Trial Memorandum. The proposed instructions should encompass all applicable rules j
of law. If the parties cannot agree as to the appropriateness of a particular instruction, l
the objection should be set forth next to or immediately below the proposed
instruction. The parties shall support each proposed instruction, and any objection to a p
proposed instruction, with citations to applicable legal authority.
Verdict Form: The parties shall meet and confer for the purpose of preparing and tiling l
a proposed jury verdict form. The form may request that the jury return a special j
verdict with special findings as permitted by Fed. R. Civ. P. 49(a) or a general verdict Q
with or without written interrogatories as permitted by Fed. R. Civ. P. 49(b). The
proposed verdict form shall be tiled as an attachment to the Trial Memorandum. If the
parties cannot agree on a proposed verdict form, the objecting party must cite l
applicable legal authority for the objection and provide an alternative proposal. R
Anticipated Evidentiary Problems: The parties shall attach to the Trial Memorandum Q
motions in limine with memoranda of law concerning any anticipated evidentiary I
problems. (See paragraph 14 ofthe Standing Order.) lf motions in limine are l
necessitated by the exchange of exhibits in l(b) above, such motions shall be filed no \
later than three (3) days prior to the pretrial conference. If motions in limine are not I
tiled, any objections to exhibits will be deemed waived, except as to relevancy. i
l

l
g Case 3:00-cv-00166-CFD Document 26 Filed 11/10/2003 Page 3 of 3 l
2. Counsel are requested to submit the Trial Memorandum, including the proposed
jury instructions, on a computer disk (small disk formatted for Word Perfect 5.1
or 6.1) to facilitate the preparation of final documents by the court.
3. Counsel shall note the following:
Stipulations of Fact: The stipulation of uncontroverted facts, required by
paragraph 5 of the Standing Order, will be read to the jury, and no evidence shall
be presented on the uncontested facts. (
Availabilig; of Witnesses: Each party shall ensure the availability at trial of each
witness listed by that party unless the court and counsel are advised to the
contrary not less than forty—eight (48) hours prior to the commencement of the
evidence. I
4. The deadlines established herein may not be modified by agreement of counsel.
These deadlines may be modified only by an order of the court following a
request for enlargement of time made by written motion showing good cause,
which motion shall be filed no later than five (5) days before the date from
which counsel seeks an extension. l
SO ORDERED this [ J fhay of November 2003, at Hartford, Connecticut. l
I
CHRI!TOPHER F. $l\lEY
UNITED STATES DISTRICT JUDGE
l
l
l