Free Pretrial Order - District Court of Connecticut - Connecticut

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Case 3:03-cv-00927-SRU Document 10 Filed O4/19/2004 Paget of 4 L I
UNITED STATES DISTRICT m A i
DISTRICT OF CONNECTI T “"° I ‘
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v. : Bmwifixi. Action No
: 3:03CV927 (SRU)
ALBERT ABELIN ; j
PRE-TRIAL ORDER I
The parties shall jointly submit, in one continuous document signed by counsel for p
all parties, a final pretrial memorandum (in compliance with Rule 6 of the Local Rules of { l
Civil Procedure and in lieu of the pretrial memorandum required by the Standing Order I g
Regarding Trial Memoranda in Civil Cases). In addition to tiling an origipal of the l j
pretrial memorandum with the Clerkof the Court, counsel shall also provide to { Q
Chambers a courtesy copy of the pretrial memorandum and all attachments thereto, i
both in hard copy and on a 3 %" computer diskette in WordPerfect format. The ¢¤ Q
pretrial memorandum shall be submitted by May 28, 2004, and shall contain the jg
following information:
l. TRIAL COUNSEL: List the names, addresses, telephone and fax numbers of the I
attorneys who will try the case. Trial counsel must attend the pretrial conference, E i
unless excused by the Court. -
2. J URISDICTION: Set forth the basis for federal jurisdiction.
3. J URY/NON-.] URY: State whether the case is to be tried to a jury or to the Court.
If it will be tried partially to each, explain. Q Q
4. LENGTH OF TRIAL: Set forth a realistic estimate of trial days required.
5. FURTHER PROCEEDINGS: Specify, with reasons, the necessity of any
further proceedings prior to trial.
6. NATURE OF CASE: Separately state the nature of each cause of action and of
the relief sought. If appropriate, state the nature of any counterclaims and/or * j
affirmative defenses. U
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Case 3:03-cv-00927-SRU Document 10 Filed 04/19/2004 Page 2 of 4 I I
7. STATEMENT OF THE CASE: Provide a brief statement describii g this case,
which can be read to the jury at jury selection. I
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8. TRIAL BY MAGISTRATE JUDGE: Indicate whether the partieI have agreed I
to a trial by a Magistrate Judge. . I I
9. LIST OF WITNESSES: Each party shall provide the name, addre I s, and a brief I
summary of the anticipated testimony of all witnesses by separately l sting: (a) the
witnesses the party expects to call at trial; and (b) the witnesses the p- rty may call I
at trial if the need arises. Witnesses not listed shall not be permitted ao testify at I ‘
trial, except for good cause shown.
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For each expert witness, set forth the area of the expert’s expertise, e opinion to I I
be expressed, a brief summary of the basis of the opinion and a list on the materials I
on which the witness intends to rely. Attach a curriculum vitae, if avI ilable. I
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10. DEPOSITION TESTIMONY: Each party shall list all witnesses ho are I
expected to testify by deposition at trial and shall identify by page anI line
references the deposition testimony that each party proposes to read i to evidence.
Cross-designations shall be made as provided by Fed. R. Civ. P. 32(= )(4). The
lists shall specify all objections to deposition designations. These ob ections must
be resolved between the parties or by Court ruling prior to jury selec _ on. After
submission, the Court will permit amendment ofthe lists only for go d cause
shown. At the time of trial, the Court will permit reading of testimoijly from a I I I
deposition only in the order in which it was taken. I
1 1. EXHIBITS: Each party shall, identify all exhibits that it may presenI at trial, by I I I
providing a brief description of each exhibit, and by separately listinglthe exhibits I I
that the party: (a) expects to offer at trial; and (b) may offer at trial if _ he need
arises. Exhibits not listed will not be admitted at trial except for good cause
shown. ` Q I
Counsel shall mark all exhibits sequentially with exhibit tags (e. g., "Hlaintiff’s I
Exhibit l" or "Defendant’s Exhibit A"), which will be provided by tlie Clerlds
Office upon request. Where there are multiple plaintiffs and/or deferIdants,
counsel should coordinate exhibit identification to ensure that exhibitI numbers are E I {
not duplicated. Copies of all exhibits shall be exchanged no later thah fourteen I
(14) calendar days prior to trial, and the original set of exhibits for the Deputy I
Clerk and two complete copies ofthe exhibits (in binders) for Judge Underhill and I I
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Case 3:03-cv-00927-SRU Document 10 Filed O4/19/2004 Page 3 of 4 j
his law clerk shall be submitted to the Deputy Clerk seven (7) calendlsr days prior I N
to trial. 1 Q
Any objection to the admissibility of any exhibit, other than on the grjounds of 1
relevance, shall be filed with the Court in writing at least seven (7) calendar days l
prior to trial, together with a memorandum of authorities in support df the 1
objection. Any objections not made in this manner, except objections as to j
relevance, may be deemed waived. t
12. ANTICIPATED EVIDENTIARY PROBLEMS! MOTION S IN [,!IMINE: A
Attach to the final pretrial memorandum a list of all evidentiary problems l
anticipated by the parties, together with memoranda of fact and law. ,Also attach \
all motions in limine together with supporting memoranda. Any menjrorandum in l I
opposition to a motion in limine shall be filed within seven (7) days after the filing j
of the motion. j
13. STIPULATIONS OF FACT AND LAW: Counsel for all parties shall confer in
an effort to enter into a written stipulation of uncontroverted facts and an agreed
statement of the contested issues of fact and law, which stipulation and agreed (
statement will be set forth in the final pretrial memorandum. If unable to stipulate
to any facts, the parties shall so state. lf unable to stipulate to an agrded statement
of contested issues of fact and law, each party shall, to the extent there is not 1
agreement, set forth its view ofthe contested issues of fact and law. j t Q
14. TRIAL TO COURT/JURY i
(a) Court: Each party shall submit proposed findings of fact and E
’ conclusions of law, citing relevant authority where appropriiate.
(b) Jury: The stipulation of uncontroverted facts will be read to the jury {
and no evidence shall be presented on the uncontested facts. l l
(1) Proposed Voir Dire Questions: Each party shall attach a list of l I
questions to be submitted to the jury panel. l
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(2) Proposed J ury Instructions: Each party shall attach requests
for jury instructions. Counsel are g required to submit general I
jury instructions that, for example, instruct the jury on its role, t
evidence in general, witness credibility, etc. {
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Case 3:03-cv-00927-SRU Document 10 Filed O4/19/2004 Page 4 of 4 I
(3) J ury Interrogatories/Proposed Verdict Form: (iounsel for all
parties shall confer in an effort to enter into an agreed proposed l
jury verdict form. The form may request that the jury return a -
. special verdict with special findings as permitted Fed. R. Civ. -
P. 49(a) or a general verdict with or without written;
interrogatories as permitted by Fed. R. Civ. P. 49(b)l. If the (
parties are unable to agree, each party shall submit at proposed l `
jury verdict form. (
(4) Proposed Case Statement: Counsel for all parties shall confer
in an effort to prepare a joint brief case statement toibe read at rl i
jury selection. If the parties are unable to agree, eadh party shall
submit a proposed case statement. `

14. AVAILABILITY OF WITNESSES: Each party shall ensure the availability at N
trial of each witness listed by that party unless the Court and counsel are advised to l j
the contrary not less than t`orty—eight (48) hours prior to the commencement of the (
evidence.
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15. PRETRIAL REQ QUIREMENTS: The requirements established byithis Order i
may not be modified by agreement of counsel. I
It is so ordered. E
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Dated at Bridgeport this 16"‘ day of April 2004. j E
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Stefan R. Underhill l ;
United States District Judge j j
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