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7016-5. Preparation for Final Pretrial Conference.

(a) Meetings of Counsel. Unless otherwise ordered or otherwise specified in the assigned Judge's Chamber Guidelines, the parties must convene at a suitable time and place at least 28 days before the final Pretrial Conference. The purpose of the meeting is to draft Stipulations and reach agreements resulting in simplification of the triable issues. Plaintiff must arrange for meetings of counsel and ensure preparation of the Pretrial Order mandated by LBR 7016-6. Plaintiff must file the prepared Pretrial Order at least 7 days before the final Pretrial Conference.

(b) Exchanges Between Counsel. At the LBR 7016-5(a) meeting, the following information must be exchanged: (1) lists of exhibits (other than those intended solely for purposes of impeachment); and (2) lists of the names and addresses of witnesses, including experts, who will be called at trial (exclusive of witnesses whose testimony is to be used solely for purposes of impeachment).

(c) Content of Exhibits Exchanged. At the LBR 7016-5(a) meeting or on other dates agreeable to the parties, but at least 14 days before the final Pretrial Conference, each party must exchange exhibits other than those designed solely for purpose of impeachment or rebuttal. Each photograph, map, drawing and the like must contain a legend on its face or reverse side. The legend must state the matters of fact which the party offering the exhibit claims are fairly depicted.

(d) Failure to Display or Exchange Exhibits or Lists. Failure to exchange exhibits or lists to or with opposing counsel may cause the Court to decline admission of same into evidence.

(e) Lists of Exhibits. Using Local Form 3026, or other document with substantial conformity, the parties must determine whether any documents should be identified as: (1) joint exhibits to avoid duplication of identical documents on each party's list of exhibits; (2) exhibits expected to be proffered by only one party; and (3) exhibits which a party reserves the right to proffer at trial.

(f) Copies of Exhibits. Copies of exhibits need not be pre-marked or provided to the Court until marked and offered during the trial.