Free Trial Management Order - District Court of Delaware - Delaware

Case1:O4-cv-01450-JJF Document 48 FiIed11/O9/2006 Page10f3
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IN THE UNITED STATES DISTRICT COURT !
FOR THE DISTRICT OF DELAWARE Q
CASSANDRA JOHNSON, :
Plaintiff, ; i
v. E Civil Action No. O4-1450-JJF i
WAL—MART STORES, INC., ; i
a Delaware Corporation, :
Defendant. ; ·
TRIAL MANAGEMENT ORDER F
Trial in this matter will commence on Wednesday, (
November 15, 2006, at 0:30 a.m. The Court has reviewed the 1
Proposed Pretrial Order, specifically the witness and exhibit _
lists submitted by each side and issues of fact to be litigated.
Based on this review, the Court has determined that the following
schedule and procedures will allow for an efficient and fair A
presentation of each party’s case.
1- .'1li.11@ (
(a) Plaintiff is allocated five and one half (5.5) i
hours in court trial time for opening statement, direct and cross
examinations, and argument on evidence issues.
(b) Defendant is allocated five and one half (5.5)
hours in court trial time for opening statement, direct and cross
examinations, and argument on evidence issues. -
(c) Opening statements are limited to one (I)
hour. - i
)
)

Case 1:04-cv-01450-JJF Document 48 Filed 11/O9/2006 Page 2 of 3
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(d) Closing arguments are not included in the time
allocations. l _
(e) The trial schedule is as follows:
Wednesday, November 15, 2006 - 9:30 a.m. to 12:30 p.m.
— 1:15 p.m. to 4:30 p.m. I
Thursday, November 16, 2006 — 9:30 a.m. to 12:30 p.m.
— 1:15 p.m. to 4:30 p.m. i
Friday, November 17, 2006 — 9:30 a.m. to 12:30 p.m. `
— 1:15 p.m. to 4:30 p.m.
2. Witnesses E
In accordance with Fed. R. Civ. P. 611 (a) the g
examination of witnesses will be conducted as follows:
(a} Counsel shall not offer testimony or exhibits i
that are duplicative or cumulative.
(b) Each witness is subject to direct, cross and
re—direct examination. No further examination is permitted.
(c) Rebuttal witnesses will be permitted only if:
(i) called by a party with the burden of proof
and noticed in the Pre—trial Order.
(ii) such a witness is necessary to avoid an
injustice and cause is established.
(d) One lawyer per party is permitted to examine a
witness. ·

Case 1:04-cv-01450-JJF Document 48 Filed 11/O9/2006 Page 3 of 3

3. Jury Instructions
Parties shall submit Proposed Jury Instructions,
and Verdict Form on disk in WordPerfect Format, no later than =
9:00 a.m. on Thursday, November 16, 2006.
4. Courtroom Demeanor
(a) Counsel may use the podium at his or her
discretion. E
(b) The Court does not conduct sidebar i
conferences. If a matter needs to be addressed outside the Q
hearing of the jury, counsel shall bring it to the Court's I
attention at the conclusion of the trial day.
(c) Counsel should avoid requesting “read backs" g
by the Court Reporter; however, if a read back is believed
necessary, counsel shall address the request to the Court. _
(d) Counsel shall stand whenever the jury enters
or exits the courtroom.
_ (e) Counsel shall stand whenever he or she speaks
in the courtroom.
(f) Food and beverages, other than the water
provided by the Court, are not permitted in the Courtroom at any
time.
November ,2006 gg,}/Qjglif
DATE ED T S DISTRICT GE