Local Rule LR 16.5: Pretrial Preparation; Duty of Parties

LR 16.5 - Pretrial Preparation; Duty of Parties a. Unless the judge otherwise orders, not less than fourteen (14) days before the scheduled trial date each party must: 1. Serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues, setting forth briefly the party's position and supporting authorities; 2. For jury trials, plaintiff shall file and serve proposed voir dire questions and jury instructions; and defendant shall file and serve any additional or different proposed jury instructions seven (7) days after; 3. Exchange copies of all exhibits to be offered and all schedules, summaries, diagrams, and charts to be used at trial other than for impeachment or rebuttal. Each proposed exhibit must be pre-marked for identification in a manner clearly distinguishing plaintiff's exhibits from defendant's exhibits. Upon request, a party must make the original of any exhibit available for inspection and copying. 4. Foreign language documents. A. An exhibit in a language other than English must be accompanied by an English translation certified by a qualified translator as true and correct. B. Submitting a Translation. At least 28 days before trial commences, the proponent of a foreign language document must serve on all parties: i. the translation and the underlying foreign language document, and ii. an affidavit setting forth the translator's qualifications and certifying the accuracy of the translation. C. Objecting to a Translation. At least 14 days before trial commences, a party must serve on all other parties, in writing, any objections to the accuracy of the translation. Objections must specify the alleged inaccuracies and offer an alternative translation. D. Effect of Failure to Comply. i. A proponent's failure to comply with subsections (A) and (B), absent a showing of good cause, renders the foreign language document and the English translation inadmissible. ii. A party's failure to comply with subsection (C), absent a showing of good cause, waives objection to the accuracy of the translation. 5. Objections to Proposed Testimony and Exhibits. Promptly after receiving statements and exhibits pursuant to this rule, any party objecting to the admission in evidence of any proposed testimony or exhibit will advise the opposing party of the objection. The parties will meet and confer in advance of trial with respect to any objections and attempt to resolve them. They must advise the Court of any unresolved objections and make reasonable efforts to present the matters to the Court in advance of trial for ruling. 6. For bench trials, the parties may file and serve proposed findings of fact and conclusions of law in addition to the material required by subsection (a) of this Rule. The Court may also direct that findings and conclusions be filed.