Local Rule 7016: Pre-Trial Procedures

L.R. 7016 – Pre-Trial Procedures. A. Duty to Exchange Witness and Exhibit Lists, and Exhibits. Parties to an adversary proceeding shall mark all exhibits prior to trial and shall prepare sufficient copies of the exhibits for all parties to refer to at trial, plus one copy each for the Judge, Law Clerk and Courtroom Deputy. The parties shall exchange all exhibits and supply paper copies to the Court at least 14 days prior to trial. Each party shall prepare and file at least 7 days prior to trial a written statement as to each exhibit indicating whether the party objects to the exhibit and, if so, the nature of the objection. Unless otherwise ordered, the parties shall exchange the names of all witnesses intended to be called at trial at least 7 days prior to trial.

B. Objections to Exhibits. Objections to the authenticity or genuineness of any document shall be made in writing no later than 72 hours prior to trial. Failure to object to the authenticity or genuineness of a document does not waive any right to object on the basis of relevance at trial.

C. Briefs, Findings of Fact, Conclusions of Law. Unless a pre-trial order directs otherwise, the parties shall prepare and submit at least 14 days prior to trial proposed findings of fact, conclusions of law and briefs in support of their respective positions. The briefs shall contain a statement which outlines the burden of proof on each issue, who has the burden of proof, and why the burden of proof has or has not been sustained.

D. Failure to Comply. The Court may refuse consideration of or strike any pleading or other document, or take any other appropriate action, for failure to comply with the procedures set forth in subsections A, B or C of this Rule.