Trial Management Orders {TUO-CV-175}

TUO-CV-175 TRIAL MANAGEMENT ORDERS Page 1 of 6 Form Adopted - Local Rules of the Superior Court of California, County of Tuolumne TUO-CV-175 (Revised ) 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 as set forth in Government Code section 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 Courtdoes 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 may request court reporter services from the Court pursuant to local rule 1.07.0, subdivision (b), in the event one of the Court222s reporters is available or must otherwise 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. The Court prefers that the parties prepare a joint exhibit binder that contains the exhibits each side intends to use at trial. The exhibits should be designated by numbers and should not be referred to as 223plaintiff224 or 223defense224 exhibits. The parties should ensure that no duplicate exhibits are submitted. The parties shall provide three binders of exhibits: the original for the courtroom clerk, a copy to be kept at the witness box, and a copy for the judge. Two (2) court days before the trial commences, the parties also shall provide the Court with a thumb drive containing electronic versions of all joint trial exhibits. 3.Originals of all depositions shall be available upon request on the first day of trial. 4.A list of all witnesses (expert and non-expert) to be called at trial shall be served uponopposing 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. 5.Parties shall provide the Court with copies of demands for exchange of experts and thelists disclosing the experts. SUPERIOR COURT OF CALIFORNIA COUNTY OF TUOLUMNE 41 W. Yaney Avenue, Sonora, CA 95370 Phone: (209) 533-5555 Plaintiff(s): vs. Defendant(s): Case Number: CV TRIAL MANAGEMENT ORDERS Trial Date: Time: Dept.: Judge: Space below for use of Court Clerk only American LegalNet, Inc. www.FormsWorkFlow.com TUO-CV-175 TRIAL MANAGEMENT ORDERS Page 2 of 6 Form Adopted - Local Rules of the Superior Court of California, County of Tuolumne TUO-CV-175 (Revised ) 6.Parties shall serve proposed jury instructions upon opposing counsel or anyunrepresented 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. 7.A brief joint statement outlining the facts of the case shall be presented to the Court by allparties at the first appearance in the trial department. 8.Attorneys222 obligations to the Court a)Prior to or during trial227and before addressing the issue with the Court227counsel shallmeet and confer to determine areas of agreement and disagreement and/or stipulations concerning: i In limine motions : Prior to filing motions in limine, counsel shall have met and conferred with opposing counsel to see if a stipulation can be reached on the issue. In addition, counsel should review Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 669-677 and its progeny. Motions are to be filed and served five (5) court days before trial, with oppositions filed and served three (3) court days before trial. The parties shall make a joint list of all motions in limine filed by the parties and shall indicate whether each is opposed or unopposed. The parties shall prepare a joint binder of motions in limine for the Court. The binder shall be indexed and present each motion followed immediately by the corresponding opposition, with tabs indicating each motion and opposition. A thumb drive containing all motions, oppositions, and trial briefs in Word format shall be included with the binder. Two (2) court days before trial, the binder shall be delivered to Department 4. Counsel should advise their clients and witnesses about rulings on motions in limine that pertain to evidentiary issues. Counsel will be held responsible for an y violations of rulings on motions in limine. ii Jury instructions : T he parties shall prepare a joint list of the proposed jury instructions on which they agree and those on which they disagree. The jury instructions presented to the Court shall be separated into labeled stacks (i.e., an agreed-upon stack; a stack, if any, of plaintiff222s proposed instructions to which defendant objects; and a stack, if any, of defendant222s proposed instructions to which plaintiff objects). The parties shall also provide the Court with an electronic version of the proposed jury instructions . iii Verdict : W hether general or special and the proposed form thereof . iv Admissibility (including authenticity and foundation) of documents, photos, or other writings or things: The parties222 agreement shall be reduced to a written stipulation for filing. In the case of objections, counsel should bring copies of the exhibit to the pre- trial conference on the first date of trial and be prepared to argue admissibility . v Admissibil ity of models or other demonstrative evidence : Counsel shall show each other or exchange these items, as well as meet and confer about them, on their own time. T he parties222 agreement s hall be reduced to a written stipulation for filing . vi Deposition (t ranscript or video) excerpts : W rangling over how much or which portions of deposition transcripts will be read to jurors (or which portions of deposition videos will be shown to jurors) in lieu of a witness222s live testimony is a huge and unforgivable wast e of juror and court time. Accordingly, if a party wishes to read deposition American LegalNet, Inc. www.FormsWorkFlow.com TUO-CV-175 TRIAL MANAGEMENT ORDERS Page 3 of 6 Form Adopted - Local Rules of the Superior Court of California, County of Tuolumne TUO-CV-175 (Revised ) testimony (or show video testimony) of a party or due to 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 parties222 agreement shall be reduced to a written stipulation for filing. This rule does not apply to impeachment of a witness testifying in court . b)Two (2) court days before trial commences, counsel shall deliver to Department 4 abinder containing copies of the following items: i Pleadings : E ach party222s operative pleadings ( i.e., most recent complaint, cross - complaint , or answer) , including attachments thereto . ii Statement of the case . iii Trial brie f s from each party : A t a minimum, trial brief s should identify the causes of action (or primary defenses) on which the party is proceeding, the causes (or defenses) the party is dismissing, and the relief the party seeks from the litigation. The trial brief also should include a summary of the facts in issue and a brief statement of what the party intends to prove in support of its claims (or defenses). The summaries should be sufficient to allow the Court to rely on them when ruling on the relevance and admissibility of evidence . iv I ndex of joint exhibits : The index shall be in the form found online at http://www.lacourt.org/forms/pdf/LACIV216.pdf. The parties shall submit three (3) copies of the index to the Court at their first appearance. v Wi tness list s for the Court222s use : The lists shall 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 ). vi Expert witness disclo sures . 9.Attorneys222 obligations to the jury The criticism most often heard in post-t