Civil Pretrial Practice

1. Civil Pretrial Practice Pretrial Documents and Procedures

2. Pretrial Documents and ProceduresMeet and Confer Requirement The parties must meet and confer with opposing counsel prior to the Final Status Conference (“FSC”) / Trial Readiness Conference (“TRC”) to: • Stipulate to ultimate facts and legal issues and on motion in limine issues; • Review all exhibits and attempt to stipulate to their authenticity, foundation and/or admissibility; • Prepare the joint documents; • Designate, object to and counter-designate deposition testimony to be used as direct (not impeachment) testimony at trial (especially videotaped deposition testimony); • Agree to the extent possible on joint jury instructions and have them individually conformed to the facts (inserting names, etc.); and • Ensure that the trial and exhibit binders are in the proper format.

3. Pretrial Documents and ProceduresTrial Documents • TRIAL BRIEFS (OPTIONAL) • JOINT SHORT STATEMENT OF THE CASE • JOINT WITNESS LIST • JOINT EXHIBIT LIST • JOINT LIST OF JURY INSTRUCTIONS • JOINT PROPOSED VERDICT FORM • STIPULATIONS • MOTIONS IN LIMINE

4. Pretrial Documents and ProceduresTrial Documents – Trial Briefs (Optional) • If prepared, a Trial Brief must be filed and served on all parties and succinctly identify the issues, claims, relief sought, damages and defenses.

5. Pretrial Documents and ProceduresTrial Documents – Joint Short Statement of the Case • Counsel shall meet and confer with opposing counsel to prepare a brief, neutral description of the case. See, LASCR 3.25(g)(4). • The statement should inform the jury about the parties and their claims, without favoring one side, and gives jurors reasons why they would want to serve on your case. • The statement should be in plain English, not expound legal theories, or be factual advocacy for either side. In most instances, it should not exceed 2-3 paragraphs.

6. Pretrial Documents and ProceduresTrial Documents – Joint Witness List • Counsel shall meet and confer with opposing counsel to prepare a list of all witnesses, with realistic estimates for direct and cross-examination on one list. See, LASCR 3.25(g)(5). • Do not repeat the name of a witness who will be called by more than one party. The witness list should have columns that indicate for each witness the total time expected for direct, cross, and redirect testimony. • At the bottom of the list, total the time estimated for all testimony. Make realistic time estimates. • The list should specify if the witness is percipient or expert (with area of expertise). • Any person who is not listed on the joint witness list shall be either excluded from testifying or his or her testimony shall be limited to only impeachment or rebuttal. 

7. Pretrial Documents and ProceduresTrial Documents – Joint Exhibit List • Counsel shall meet and confer with opposing counsel to prepare a Joint Exhibit List. See, LASCR 3.25(g)(6). • The Joint Exhibit List shall have the following columns: Ex. No., Description, Offered by, Stipulated, Objection, Date identified, and Date admitted. • Counsel must meet and confer prior to filing of the Joint Exhibit List in an effort to resolve any objections as to the foundation and admissibility of exhibits, with stipulations as to foundation and admissibility where feasible. • Submission of the joint exhibit list shall not be deemed a waiver of any objection to the admission into evidence at trial of any exhibit on the list. • Joint Exhibit Binder • The Parties shall jointly prepare three sets of exhibit binders. • Each Binder shall have a conformed copy of the Joint Exhibit List in front, followed by all exhibits numbered and tabbed. Each page of each exhibit must be internally paginated, e.g., 1-1; 1-2; 2-1, etc. • All non-document exhibits shall be identified with a page inserted after the tab with either a disc, a photograph or a description of the exhibit.

8. Pretrial Documents and ProceduresTrial Documents – Joint List of Jury Instructions • Counsel shall meet and confer with opposing counsel to prepare a joint list of proposed CACI jury instructions. • If any proposed CACI jury instructions are not agreed upon, each party should also include a separate list of jury instructions that are disputed. See, LASCR 3.25(g)(7). • The list of jury instructions should identify all jury instructions by number, the identity of the party or parties proposing (or opposing) the instruction if disputed, and include columns for the court to use to indicate whether the instruction is given, modified, withdrawn or refused.

9. Pretrial Documents and ProceduresTrial Documents – Joint Proposed Verdict Form • Counsel shall meet and confer with opposing counsel to prepare a joint verdict form. See, LAS CR 3.25(g)(8). • If there are only minor disagreements, any disputed portions should be provided in brackets, indicating the proposing party. • If the parties cannot agree on the verdict form, each party must file a separate proposed verdict form. • Any proposed special verdict should be in a form that is easily used by the jury, and which does not require the jury to answer unnecessary questions.

10. Pretrial Documents and ProceduresTrial Documents - Stipulations • Counsel shall meet and confer with opposing counsel to prepare a list of agreed upon stipulations, if any, regarding ultimate facts and issues and the admissibility of exhibits (i.e. foundation and/or authentication).

11. Pretrial Documents and ProceduresTrial Documents – Motions in Limine • Motions in Limine (“MILs”) should be numbered numerically, with a caption that clearly and concisely identifies the subject of the motion. • MILs should not be used to seek summary judgment, summary adjudication of issues, or judgment on the pleadings. • If there are more than five MILs, the parties must submit a separate notebook containing the motion, opposition, and reply (if any), tabbed and indexed.

12. Pretrial Documents and ProceduresFailure to Comply with FSC/TRC Preparation Order • The Court has discretion to require any party counsel who fails or refuses to comply with the FSC/TRC Preparation Order to Show Cause why the court should not impose monetary, evidentiary and or issue sanctions (including the entry of a default or the striking of an answer).

13. Pretrial Documents and ProceduresConduct of Counsel and Parties at Trial • COURT REPORTERS • JURY SELECTION • USE OF LECTERN AND APPROACHING WITNESS • OBJECTIONS • STIPULATIONS • WITNESSES • READING FROM DISCOVERY RESPONSES/DEPOSITION TRANSCRIPTS • REFERENCE TO EVIDENCE • VISUAL AIDS AT OPENING STATEMENT • INTRODUCTION OF EXHIBITS & EVIDENCE • USE OF POWERPOINT

14. Pretrial Documents and ProceduresLukas Reiter vs. Richard McKyton– Trial Binder • On the date of the TRC, all counsel shall bring individually prepared Trial Binders to Room W523, in conformity with the County of Westmoreland’s Trial Readiness Conference Preparation Order. • If counsel was not required to complete a particular document, they shall insert a blank page in place of said document. Each document shall be tabbed and organized as follows: • Tab A: Joint Statement of the Case • Tab B: Joint Witness List • Tab C: Joint Exhibit List • Tab D: Joint and/or Contested List of Jury Instructions • Tab E: Joint and/or Contested Proposed Verdict Forms • Tab F: Stipulations • Tab G: Motions in Limine (Caption Pages Only)