Trial Management Orders {TUO-DV-175}

TUO-CV-175 Space below for use of Court Clerk only SUPERIOR COURT OF CALIFORNIA COUNTY OF TUOLUMNE 41 W. Yaney Avenue, Sonora, CA 95370 Phone: (209) 533-5974 ___________________________________________, Plaintiff/Petitioner, vs. _______________________________________, Defendant/Respondent. Case Number: TRIAL MANAGEMENT ORDERS Trial Date: ________________________ Time: 8:00 a.m. Dept.: 3 Judge: Kate Powell Segerstrom The following Trial Management Orders are hereby found to be necessary in this case to implement and achieve the purposes of the Trial Court Delay Reduction Act of 1986 as set forth in Government Code § 68600, et seq., and are hereby issued in the above-referenced matter: 1. As stated in the Notice of Settlement Conference and Jury Trial served herein, the Court does not have the ability to guarantee that one of its court reporters will be available for a civil jury trial. Therefore, if any party wishes to have a court reporter, that party must make its own arrangements for a court reporter from an outside firm. 2. All exhibits to be used at trial other than those to be used for impeachment or rebuttal shall be pre-marked for identification. Plaintiff/Petitioner's exhibits shall be designated by yellow exhibit labels with Defendant/Respondent's exhibits designated by blue exhibit labels. 3. Originals of all depositions to be available upon request at the first day of trial. 4. Motions in limine shall be served upon opposing counsel or any unrepresented parties three (3) court days before trial and filed with the clerk's office at least five (5) court days before trial. Motions in limine not served in compliance with this order may not be heard. 5. A list of all witnesses (expert and non-expert), to be called at trial shall be served upon opposing counsel or any unrepresented parties three (3) court days before trial, and three (3) copies of said list shall be presented to the trial judge at the first appearance in the trial department. Witnesses not listed may be excluded at trial. 6. Parties shall provide the Court with copies of demands for exchange of experts and the lists disclosing the experts. 7. Parties shall serve proposed jury instructions upon opposing counsel or any ________________________________________________________________________________________ TRIAL MANAGEMENT ORDERS Form Adopted - Local Rules of the Superior Court of California, County of Tuolumne TUO-CV-175 (New May 28, 2014) Page 1 of 6 American LegalNet, Inc. www.FormsWorkFlow.com unrepresented parties three (3) court days before trial and also submit proposed jury instructions to the trial judge at the first appearance in the trial department. Jury instructions not timely served and presented may be excluded at trial. 8. A brief joint statement outlining the facts of the case shall be presented to the Court by all parties at the first appearance in the trial department. 9. Attorneys' Obligations to the Court: a) Prior to or during trial, and before addressing the issue with the Court, counsel shall meet and confer on the following matters to determine areas of agreement and disagreement and/or stipulations concerning: i In limine motions - the parties shall make a joint list of all motions filed by the parties, and shall indicate those motions which are unopposed and those on which they disagree; Jury instructions - the parties shall jointly list the instructions on which they agree and those on which they disagree; Verdict - whether general or special and proposed form thereof; Admissibility (including authenticity and foundation) of documents, photos, or other writings or things: The parties' agreement shall be reduced to a written stipulation for filing. In the case of objections, counsel should bring copies of the exhibit to the pretrial conference and be prepared to argue admissibility; Admissibility of models or other demonstrative evidence: The parties' agreement shall be reduced to a written stipulation for filing; Deposition (transcript or video) edits - wrangling over how much or which portions of deposition transcripts will be read to jurors in lieu of the witness' live testimony is a huge and unforgivable waste of juror and court time; the same is true concerning video-recorded depositions. Accordingly, if a party wishes to read deposition testimony (or show video testimony) by reason of witness unavailability, counsel shall meet and confer on their own time and come to agreement to the extent possible on what will be read or shown to the jury. The parties' agreement shall be reduced to a written stipulation for filing. This rule does not apply to impeachment of a witness testifying in court; and Demonstrative evidence - counsel shall show, exchange, meet and confer on their own time. Again, the parties' agreement shall be reduced to a written stipulation for filing. ii iii iv v vi vii b) Respective counsel are directed to deliver to Department 3, at least five (5) court days before the commencement of trial, a binder containing copies of the following items: i ii iii Pleadings - your client's operative pleadings (most recent amended complaint, crosscomplaint or answer) including attachments thereto; Statement of the case; Trial brief - at a minimum, your trial brief should identify the causes of action (or primary defenses) on which you are proceeding, the causes or defenses you are dismissing, and the relief you seek from the litigation. You should also provide a ________________________________________________________________________________________ TRIAL MANAGEMENT ORDERS Form Adopted - Local Rules of the Superior Court of California, County of Tuolumne TUO-CV-175 (New May 28, 2014) Page 2 of 6 American LegalNet, Inc. www.FormsWorkFlow.com summary of the facts in issue and a brief statement of what you intend to prove in support of your claims/defenses. These summaries should be sufficient to allow the Court to look to these summaries when ruling on the relevance and admissibility of evidence; iv v Exhibits index of your client's exhibits; Witness list for the Court's use - please include a very brief statement of identity, e.g., John Doe - registered nurse present during the surgery; Jane Smith - President of Widget Co.; Billy Jones - pedestrian bystander, etc.; Expert disclosures; and "Hot Docs" - copies of writings (please no more than five) you believe are the most important. vi vii 10. Attorneys' Obligation to the Jury: The criticism most often heard in post-trial ju