Local Rule LR 39.1: PREPARATION FOR TRIAL IN CIVIL CASES

LR 39.1 PREPARATION FOR TRIAL IN CIVIL CASES

(a) Trial Date. Each judge regularly places a group of civil cases on a trial calendar and sets the date that a trial will begin in one of those cases (the "trial date"). At least 21 days before the trial date, the judge must notify the parties of a case's placement on the trial calendar. Cases on the trial calendar may be tried in any order, in front of any judge.

(b) Trial-Related Documents. Unless the court orders otherwise, each party must submit or make available the following documents:

(1) Before Any Trial.

(A) Initial Pretrial Documents. At least 14 days before the trial date, each party must file and serve the following documents:

(i) Trial Brief.

(ii) Exhibit List. Parties must use an exhibit-list form that is substantially the same as the exhibit-list form available from the clerk. Parties must mark each exhibit with the offering party's role (and, if necessary, the offering party's name), a unique arabic numeral identifying the exhibit, and the case number. For example:

• Pltf. 1, 08-CV-1234 • Deft. 1, 08-CV-1234 • Pltf. Smith 1, 08-CV-1234

(iii) Witness List. A party's witness list must briefly summarize each witness's expected testimony.

(iv) List of Deposition Testimony. A party must designate the specific parts of a deposition to be offered at trial, except that a party need not designate specific parts of a deposition that may be offered only to impeach testimony given at trial.

(v) Motions in Limine.

(B) Exhibits. At least 14 days before the trial date, the parties must make exhibits available to one another for examination and copying.

(C) Deposition Objections. At least 7 days before the trial date, a party who objects to deposition testimony designated by another party for introduction at trial must file and serve a list of objections.

(2) Before a Jury Trial. In a jury trial, each party must also file and serve the following documents at least 14 days before the trial date:

(A) Proposed Voir Dire Questions.

(B) Proposed Jury Instructions.

(i) In General. Each proposed jury instruction must be numbered, must begin on a separate page, and must identify the supporting legal authority.

(ii) Patent Cases. In a case that involves a claim that arises under the patent laws, if a proposed jury instruction is based on model jury instructions that the parties agreed to use under LR 16.6(c), the proposed instruction must show how it differs from the model instruction.

(C) Proposed Verdict Form.

(3) Before a Bench Trial. In a bench trial, each party must also file and serve proposed findings of fact and conclusions of law at least 14 days before the trial date.

[Adopted effective February 1, 1991; amended November 1, 1996; amended May 17, 2004, amended February 9, 2006; amended December 1, 2009; amended May 14, 2013]