Local Rule 16.2: PRETRIAL CONFERENCES AND WITNESS/EXHIBIT DISCLOSURES

RULE 16.2 PRETRIAL CONFERENCES AND WITNESS/EXHIBIT DISCLOSURES

(a) General Provisions. In most cases, the court will conduct a pretrial conference after discovery is complete and before the filing of dispositive motions (e.g., summary judgment). If the case remains at issue after dispositive motions have been decided, the judge who will preside at trial usually will enter a separate trial order or conduct another pretrial conference to formulate a trial plan to facilitate the admission of evidence at trial. The court will also set deadlines for filing and ruling on any objections to final witness and exhibit disclosures and deposition designations, motions in limine, proposed instructions in jury cases, proposed findings of fact and conclusions of law in non-jury cases, and any other matters calculated to make trial more efficient. The court will prepare the pretrial order or designate counsel to do so. At a time as may be ordered by the court under Fed. R. Civ. P. 16(b)(3)(B)(v), the parties must submit a proposed pretrial order in the form prescribed by the court. The parties have joint responsibility to attempt in good faith to formulate an agreed order which the judge can sign at the conference. If the parties disagree on any particulars, they are each to submit proposed language on the points in controversy, for the judge to rule on at the conference. To attempt in good faith to formulate an agreed order means more than mailing or faxing a form or letter to the opposing party. It requires that the parties in good faith converse, confer, compare views, consult and deliberate, or in good faith attempt to do so. Objections to the pretrial order must be made in writing and within such time as the court may specify.

(b) Witness and Exhibit Disclosures. At times ordered by the court under Fed. R. Civ. P. 16(b) and (c)(2)(G), the parties must file witness and exhibit disclosures pursuant to Fed. R. Civ. P. 26(a)(3).

(1) Content of Disclosures. Witness disclosures must set forth the address of each witness as well as the subject matter about which each witness is expected to testify. Witness and exhibits disclosed by one party may be called or offered by the other party. If a witness or exhibit appears on a final Fed. R. Civ. P. 26(a)(3) disclosure that has not previously been included in a Fed. R. Civ. P. 26(a)(3) disclosure (or timely supplement thereto), that witness or exhibit presumptively will be excluded at trial. See Fed. R. Civ. P. 37(c)(1). This restriction does not apply, however, to rebuttal witnesses or documents, the necessity of which could not reasonably be anticipated as of the deadline for filing final witness and exhibit disclosures. The disclosures of the parties must also identify specific deposition exhibits to be used. Witnesses expected to testify as experts must be so designated.

(2) Trial Exhibits. Before meeting with the courtroom deputy to mark exhibits, the parties must exchange copies of all proposed exhibits and attempt to agree as to their authenticity and relevancy.

(3) Testimony by Deposition. With respect to any witness who will appear by deposition, the disclosure must designate by page and line (or other appropriate designation in the case of a videotaped deposition) those portions of the deposition the offering party intends to offer into evidence. The opposing party must then file a counter designation of those portions of the deposition which the opposing party believes in fairness ought to be considered with the part the offering party has designated in accordance with Fed. R. Civ. P. 32(a)(4). Any disputes concerning deposition testimony, including any unresolved evidentiary objections, must be brought to the court's attention as set forth in the pretrial order or separate trial order. * * * As amended 12/1/22, 10/13, 3/04, 9/00, 3/20/92.