Local Rule 9017-1: Alternate Direct Testimony, Exhibits, and Qualification of Expert Witnesses

LOCAL RULE 9017-1 Alternate Direct Testimony, Exhibits, and Qualification of Expert Witnesses

(a) Alternate Direct Testimony Procedure.

1) Purpose. The purpose of this procedure is to streamline the presentation of direct testimony in trials and contested matters requiring an evidentiary hearing, so as to reduce trial time without sacrificing due process and a fair trial. This procedure shall be known as the Alternate Direct Testimony Procedure.

2) Applicability. If ordered by the Court, the Alternate Direct Testimony Procedure shall be used in a trial or contested matter requiring an evidentiary hearing. A party to any such trial or such contested matter that intends to use the Alternate Direct Testimony Procedure shall request at or in writing before the pre trial or scheduling conference, if one is held, or if not, on or before the date of the hearing during which a trial or evidentiary hearing is scheduled, the use of this Alternate Direct Testimony Procedure.

3) Content and Preparation of Alternate Direct Testimony Declarations. For each witness (excluding hostile or adverse witnesses) that an attorney calls on behalf of his/her client's case, there shall be prepared in triplicate a succinct written declaration, executed under penalty of perjury, of the direct testimony which that witness would be prepared to give as though questions were propounded in the usual fashion. Each statement of fact or opinion shall be separate, sequentially numbered and shall contain only matters that are admissible under the Federal Rules of Evidence (e.g., avoiding redundancies, hearsay, and other obvious objectionable statements).

(b) Submission of Alternate Direct Testimony Declarations, Exhibits, and Objections. Unless otherwise ordered by the Court, copies of all alternate direct testimony declarations by witnesses and exhibits that are intended to be presented at trial or hearing shall be furnished to opposing counsel as follows:

1) Plaintiff's Declarations and Exhibits. The plaintiff shall submit to opposing counsel all such declarations and exhibits comprising the plaintiff's case in chief fourteen (14) days before trial.

2) Defendant's Declarations and Exhibits. The defendant shall submit to opposing counsel all such declarations and exhibits comprising the defendant's case seven (7) days before trial.

3) Objections to Declarations and Exhibits. Two (2) days before trial or hearing, all such declarations and exhibits, together with any written objections to the admission of any of the exhibits or to any of the declarations or any portion thereof, shall be lodged with the courtroom deputy of the department to which the trial or hearing is assigned. No objections to testimony presented by written declaration or exhibits need be entertained unless in writing and presented as herein specified. The exhibits (no originals) lodged with the courtroom deputy as herein required shall be premarked by counsel (e.g., Plaintiff's Exhibit 1, Defendant's Exhibit A, etc.) and if three (3) or more, shall be accompanied by a cover sheet index containing a brief description of each exhibit.

(c) Utilization of Live Testimony. All cross-examination, rebuttal, surrebuttal and appropriate impeachment evidence shall be given by live testimony. Notwithstanding provisions of this Rule, the Court, in its discretion, may allow live direct testimony.

(d) Sanctions for Failure to Comply. If a party fails to comply with the provisions of this Rule or an order for the timely exchange and lodging with the court of Alternative Direct Testimony Statements, exhibits, or other evidence as ordered by the court, the court may issue appropriate sanctions. The sanctions may include the court excluding such Direct Testimony Statement(s) and the live direct testimony of the witness(es) giving such statements, exhibits, or other evidence presented which were not timely exchanged or presented, or such lesser sanction as appropriate and reasonable.

Enforcement of this Rule and the court's orders for timely exchange of evidence is necessary to ensure a fair and proper judicial process and the good faith prosecution of all matters by the parties.