Free Order - District Court of Colorado - Colorado

Case 1:01-cv-02324-JLK-MEH

Document 85-2

Filed 07/18/2006

Page 1 of 3

Chambers of the Honorable John L. Kane Submission of Proposed Jury Instructions

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The parties shall submit a single set of proposed jury instructions and form(s) of verdict to me no later than five (5) working days before the Pretrial Conference. Counsel shall meet in advance of the Pretrial Conference to jointly develop the proposed jury instructions and forms of verdict to be presented to the Court. Counsel shall exchange proposed jury instructions and verdict forms at least fourteen (14) days before the Pretrial Conference. Jury instructions and verdict forms used in recent trials are available from my chambers. I require counsel to make use of my approved general stock instructions and to incorporate them into their proposed instructions. Note the use of the pronoun " you"and its derivatives to address the jury and use of the first person (" ) to refer to the court. Counsel are responsible for ensuring I" that any substantive jury instructions borrowed from previous trials are updated and in accordance with current law. The parties'proposed jury instructions shall be filed electronically in pdf form and submitted to chambers both in print and in electronic editable (not pdf) form in a form compatible with Wordperfect 12. Both the print and computer versions of the proposed instructions and jury verdict forms shall be contained in a single word processing document with consecutively numbered pages. The instructions must be in 13 pt. Parties are discouraged from including extensive formatting or other word processing codes in documents submitted electronically. The parties'proposed jury instructions are to be organized as follows: a. The proposed instructions are to be divided into the following five sections: Section 1.0 Section 2.0 Section 3.0 Section 4.0 Section 5.0 General Instructions Instructions For Use During Trial Substantive Instructions Final Instructions Jury Verdict Form(s)

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Case 1:01-cv-02324-JLK-MEH

Document 85-2

Filed 07/18/2006

Page 2 of 3

b.

The proposed instructions are to be submitted in the order the parties intend them to be given at trial. If the parties do not agree on the order of the proposed instructions, the instructions shall be placed in the order proposed by plaintiff and the defendant shall submit an index setting out its preferred order. Plaintiff and defendant shall object and reply to a dispute regarding the order of the instructions in the same manner as described below for disputes regarding individual instructions. Above the heading stating " Instruction No. ___"and the subject of the proposed instruction, each proposed instruction shall state whether the instruction is stipulated, tendered by plaintiff or tendered by defendant. The source or authority for each proposed instruction shall be stated below the text of the proposed instruction. For each proposed instruction not stipulated to by the parties, the party opposing the instruction shall set forth a brief statement of its specific objections with citation to authority as necessary on a separate page or pages immediately following the disputed instruction. If the objecting party does not believe the proposed instruction should be given, it should so state. If the objecting party has a counter proposed instruction or jury verdict form, it should so state and either attach its counter proposal as a separate page following its objection or provide a reference enabling the Court to identify the proposed counter instruction or jury verdict form. This statement of objections and proposed counter instruction or form, if any, shall be immediately followed by the reply of the party tendering the original disputed instruction, also including citation to authority as necessary. The objection and reply should be separated from the next instruction by a hard page break, so that they appear as separate page(s) in the consecutively numbered series of instructions.

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The parties shall submit an index for their proposed jury instructions as follows:

Section 1.0 General Instructions Instruction No. 1.1 Description of the Case Instruction No. 1.2 [title] Instruction No. 1.3 [title] ... Section 2.0 Instructions For Use During Trial Instruction No. 2.1 [title]
2/16/01

Case 1:01-cv-02324-JLK-MEH

Document 85-2

Filed 07/18/2006

Page 3 of 3

... 7. A sample set of proposed jury instructions demonstrating the format described above is available from my chambers.

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