Agenda for Civil Case Management Meeting & Proposed Case Management Plan Format; Civil Trial Conduct and Decorum; Court Contact Information; Criminal Order of Referral; Deposition Designation Procedure; Discovery Dispute Instructions; Exhibit Procedure; Joint Proposed Pretrial Order; Juror Quest

Hon. Roslyn O Silver · U.S. District Court for the District of Arizona

Role: Senior District Judge

Bluebook Citation: Hon. Roslyn O Silver, Agenda for Civil Case Management Meeting & Proposed Case Management Plan Format; Civil Trial Conduct and Decorum; Court Contact Information; Criminal Order of Referral; Deposition Designation Procedure; Discovery Dispute Instructions; Exhibit Procedure; Joint Proposed Pretrial Order; Juror Quest, U.S. District Court for the District of Arizona

Judge Profile: Hon. Roslyn O Silver profile and standing orders

=== Agenda for Civil Case Management Meeting & Proposed Case Management Plan Format ===

AGENDA FOR CASE MANAGEMENT MEETING AND PROPOSED CASE MANAGEMENT PLAN FORMAT At the Rule 26(f) Case Management Meeting, the parties shall discuss and develop a Proposed Joint Case Management Plan. This plan shall be filed with the Clerk of Court not less than ten (10) days before the Scheduling Conference and shall include individually numbered brief statements indicating: 1. The nature of the case, including the factual and legal bases of plaintiff’s claims and defendant’s defenses; 2. A list of the elements of proof necessary for each count of the Complaint and each affirmative defense and, if applicable, each counterclaim/crossclaim. For those claims in which the burden of proof shifts, each party shall list the elements that party must prove in order to prevail. The list of elements of proof must contain citations to relevant legal authority (i.e., U.S. statutory and/or administrative law, U.S. Supreme Court cases, Ninth Circuit Court of Appeals case law, Arizona state case and statutory law, and other authority as dictated by the conflict of law rules); 3. The factual and legal issues genuinely in dispute and whether they can be narrowed by stipulation or motion; 4. 5. The jurisdictional basis of the case, citing specific statutes; Parties, if any, which have not been served as well as parties which have not filed an answer or appearance. Unless counsel can otherwise show cause, the Joint Proposed Case Management Plan shall be accompanied by a proposed order dismissing any party which has not been served or appropriate pleadings seeking default judgment against any non-appearing party; 6. The names of parties not subject to the Court’s jurisdiction; 7. Whether there are further dispositive or partially dispositive issues to be decided by pretrial motions and hearings, including evidentiary hearings pursuant to Daubert and/or Fed.R.Evid. 702; 8. Whether the case is suitable for reference to a United States Magistrate Judge for all further proceedings or to a special master; 9. The status of related cases pending before other judges of this Court or before other courts; 10. Suggested changes, if necessary, in the timing, form, or requirements for disclosures under Rule 26(a), Fed.R.Civ.P., including a statement of when Initial Disclosures were made or will be made in accordance with Paragraph D above; 11. Suggested changes, if any, in the limitations on discovery imposed by Fed.R.Civ.P. 30, 31 and 33; 12. The scope of discovery, the date discovery should be completed, and whether discovery should be conducted in phases or should be limited to or focused on particular issues. For example, when potentially dispositive motions will be filed (e.g. motions for summary judgment or motions asserting a defense such as the statute of limitations), counsel should consider limiting discovery to the issue to be addressed in the motion until the Court has ruled on it; 13. The final date for supplementation of discovery is to be set two to three weeks after the close of formal discovery. Counsel are reminded of the duty pursuant to Fed.R.Civ.P. 26(e) to supplement all Rule 26(a) disclosures and responses to discovery requests before the date for close of discovery or on the final date for supplementing discovery. Under no circumstances will the final date for supplementation occur after the date for filing dispositive motions. Fed.R.Civ.P. 26(a)(3) disclosures of witnesses and exhibits which may be offered at trial must be made before the close of discovery or, if agreed, on the final date for supplementation. This deadline governs and supersedes the “30 days before trial” disclosure deadline contained in Fed.R.Civ.P. 26(a)(3). Therefore, (1) failure to timely supplement Rule 26(a) disclosures, including the witnesses and exhibits for trial, (2) failure to timely supplement responses to any valid discovery request, or (3) attempts to include witnesses or exhibits in the Proposed Final Pretrial Order that were not previously disclosed in a timely manner may result in the exclusion of such evidence at trial or the imposition of other sanctions pursuant to Fed.R.Civ.P. 37, the Local Rules of Practice for the District of Arizona, and the inherent power of the Court; 14. In addition to the deadlines mentioned above, the proposed deadlines for: (a) disclosure of experts and testimony under Rule 26(a)(2) (b) filing dispositive motions; and (c) lodging the Joint Proposed Pretrial Order; All deadlines must be provided using the Court’s form of Rule 16 Scheduling Order as a guideline in preparing the Proposed Joint Case Management Plan. If counsel cannot agree on deadlines, separate orders may be submitted for discussion at the scheduling conference; 15. Estimated date the case will be ready for trial, the estimated length of trial, and any suggestions for shortening the trial; 16. Whether a jury trial has been requested; 17. The prospects for settlement, including any request for a settlement conference before another United States District Judge or a United States Magistrate Judge, or other request for Court assistance in settlement efforts; 18. In class actions, the proposed dates for class certification proceedings and other class management issues; 19. Whether any unusual, difficult or complex issues exist which would require the case be placed on the complex track for case management purposes; and 20. Any other matters which counsel believe will aid the Court in resolving the dispute in a just, speedy, and cost-efficient manner. After the Scheduling Conference, the Court will enter a Rule 16 Scheduling Order which shall control the course of the action. To the extent that the Court’s Rule 16 Scheduling Order differs from the parties’ Proposed Joint Case Management Plan, the provisions of the Court’s Order shall control the course of the action unless modified by subsequent order of the Court. Counsel are cautioned that the deadlines established at the Scheduling Conference shall be enforced. It is the responsibility of plaintiff’s counsel or pro se plaintiff to initiate the communication necessary to schedule the initial Case Management Meeting and to prepare and file the Proposed Joint Case Management Plan and Proposed Rule 16 Scheduling Order. The documents and forms of order referenced herein shall be obtained from the Court’s website at www.azd.uscourts.gov / Judges’ Information / Orders, Forms & Procedures for the Hon. Roslyn O. Silver.

=== Civil Trial Conduct and Decorum ===

CIVIL TRIAL CONDUCT AND DECORUM These protocols are to emphasize, not to supplant, certain portions of the ethical principles applicable to the lawyer’s conduct in the courtroom and to preserve the dignity of the courtroom environs and the judicial process. They also are intended to further efficient and orderly fact-finding. It behooves all of us working in this system to attain these goals and it is hoped the following is received in that spirit. Your compliance with the following requests is expected and will be appreciated. 1. Be on time for each court session. Trial engagements take precedence over any other business. If you have matters in other courtrooms, arrange in advance to have them continued or have a colleague handle them for you. 2. During the pretrial conference, provide the courtroom deputy and judge a list including the names of all persons at counsel table. Each day before trial, provide the courtroom deputy and judge a list of witnesses to be called and exhibits to be used that day. 3. Please stand and do not pace when you address the judge, jury, or witness. 4. Stand at the podium at all times when addressing witnesses. Except upon express permission of the Court, all communications to the Court shall be made from a position at counsel table or from the podium. Counsel shall not approach opposing counsel, the bench, a witness, the court reporter’s desk or the clerk’s desk, or otherwise move from the counsel table or podium without the permission of the Court. 5. In opening statements to the jury, do not appeal to emotion or prejudice. Confine yourself to a concise summary of the important facts you expect to prove or your position on the facts that the opposition has undertaken to prove. 6. Exhibits (a) Court time may not be used for marking exhibits. This must be done in advance of the court session. Before trial, counsel should meet and agree upon exhibits which may be admitted and provide a joint list to the courtroom deputy. Counsel shall attempt to resolve any objections prior to trial. Counsel must discuss what foundation is required for any particular document or piece of evidence or whether they are stipulating to the admissibility of a document or other evidence without a witness. (b) Provide a copy of all properly marked exhibits for the judge as required by the Exhibit Procedure. (c) Sufficiently in advance of trial, counsel shall make arrangements with the courtroom deputy for the use of note boards or other visual aids so they may be set up while the court is not in session. (d) Diagrams, charts, drawings, and other demonstrative or visual evidence shall, whenever practicable, be prepared by witnesses before testifying. Effort should be made to avoid using time during the presentation of evidence for these purposes. (e) All exhibits shall be shown to, and examined by, opposing counsel prior to their being offered. (f) Hand all papers intended for the Court or witness to the courtroom deputy who will, in turn, pass them to the judge or witness. (g) Do not offer depositions wholesale; offer only relevant redacted portions of the transcript and always in accordance with Rule 32 of the Federal Rules of Civil Procedure. Plaintiff will highlight in yellow those portions it wishes to offer, and the defense will highlight in blue those portions it wishes to offer. See detailed Deposition Designation Procedures on the Court’s website at www.azd.uscourts.gov / Judges’ Information / Orders, Forms & Procedures for the Hon. Roslyn O. Silver. (h) If you intend to question a witness about a group of documents, have all the documents before the witness when you start examination. (i) Refer to this Court’s Exhibit Procedures at www.azd.uscourts.gov / Judges’ Information / Orders, Forms & Procedures for the Hon. Roslyn O. Silver for detailed information and instructions. 7. Witnesses (a) Only one attorney for each party shall examine or cross-examine each witness. The attorney stating objections, if any, during direct examination shall be the attorney recognized for cross-examination. (b) Refer to all persons, including witnesses, other counsel and parties, by their surnames and not by their first or given names. (c) In examining a witness, generally counsel shall not repeat or echo the previous testimony or answers given by a witness. (d) The examination and cross-examination of each witness shall be limited to questions addressed to the witness. Counsel shall refrain from making statements, comments, or remarks prior to asking a question or after a question has been answered. (e) Do not greet or introduce yourself to adverse witnesses. Commence your cross-examination without preliminaries. (f) Counsel shall admonish all persons at counsel table that gestures, facial expressions, audible comments or the like, as manifestations of approval or disapproval during the testimony of witnesses or at any other time, are absolutely prohibited. 8. Objections are to be limited to stating “objection,” and setting forth the basis for the objection (e.g., “leading” or “hearsay”) and/or the number of the Federal Rules of Evidence relied upon (e.g., “Objection: Rule 403”). Do not state or argue the grounds for objections in the presence of the jury unless asked to by the judge. The Court may permit a side bar conference. 9. Address all remarks to the judge, not to opposing counsel, and do not make disparaging or acrimonious remarks toward opposing counsel or the witnesses. 10. Gum chewing and reading of newspapers or magazines (except as part of the evidence in a case) are not permitted while court is in session. Similarly, all electronic devices which make noise must be turned off or muted upon entry into the courtroom. 11. Counsel should try to anticipate problems which will arise during the trial and take them up with the Court and opposing counsel out of the presence of the jury. Appropriate motions in limine in advance of trial are encouraged. If during trial it becomes necessary for an attorney to confer with the Court at the bench, the Court’s permission should be obtained. 12. Counsel shall not make motions (e.g., a motion for mistrial) in the presence of the jury. Such matters may be raised at the first recess. 13. Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury. 14. Professionalism and civility are not aspirational but mandatory.

=== Court Contact Information ===

Court Contact Information for the Hon. Roslyn O. Silver To facilitate communication with the Court, contact information for Judge Silver’s judicial assistant, courtroom deputy and court reporter is set forth below. Judicial Assistant: Rosanne Coloccia [email protected] 602-322-7520 Courtroom Deputy: Robert Vasquez [email protected] 602-322-7134 Court Reporter: Christine Coaly [email protected] 602-322-7248 Chambers mailbox: [email protected] Chambers mailbox is used solely for case-related purposes, specifically, submission of proposed orders or other documents required by the Court. Counsel, parties, or unrepresented persons are to use the most expedient and available method of communication with the Court for notifying the Court of good cause for anticipated late appearance or absence at a scheduled hearing, request to continue an imminent court hearing, or request to extend imminent case management deadline. Email communications are governed by the Rules of Professional Conduct (LRCiv 83.2.6(d); Rule 42, Arizona Sup. Ct. Rules, Ethical Rule 3.5). In particular, ex parte communications with the Court by counsel, parties or unrepresented persons regarding material matters are prohibited. Such communications must be shared by copying opposing counsel, parties or unrepresented persons on the email.

=== Criminal Order of Referral ===

-l- FILED _ LODGED _ RECEIVED _ COpy JUN 2 1 2012 CLERK U S DISTRICT COURT D!S~ICT OF ARIZONA BY M.Aec(j-e DEPUTY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In the Matter of ) ~ Change of Plea Hearings, AdmitlDeny Hearings on Petitions for Revocation ) of Probation, and AdmitlDeny Hearings on Petitions for Revocation of Supervised Release ~ ORDER Pursuant to LRCrim 57.6, I hereby refer the following proceedings to a United States Magistrate Judge for hearing and preparation of findings and recommendations: • • • Change of Plea Hearings AdmitlDeny Hearings on Petitions for Revocation of Probation AdmitlDeny Hearings on Petitions for Revocation of Supervised Release As to change of plea hearings, the Magistrate Judge is to administer the allocution pursuant to Rule 11, Fed.R.Crim.P .. The Magistrate Judge shall make findings as follows regarding change of plea hearings or admission hearings on petitions to revoke: Whether defendant (1) is competent to enter a plea or admission; (2) knowingly and voluntarily wishes to enter a plea or admission to the charges(s) or allegation(s); (3) understands the charge(s) or allegation(s); and (4) whether there exists a factual basis for the charge(s) or allegation(s). After a plea or admission, the Magistrate Judge shall make a recommendation whether the plea of guilty or the admission should be accepted by the District Court. 1// 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 As to evidentiary hearings on petitions to revoke probation or supervised release, the Magistrate Judge shall make the appropriate findings and recommendations and submit the necessary Report and Recommendation to the District Court. DATED this 7th day of June, 2012. ~~~ Chief United States District Judge - 2 ­

=== Deposition Designation Procedure ===

DEPOSITION DESIGNATIONS Parties must submit the deposition designations by the deadline established by Court order. Parties must submit paper copies of the deposition designations in compliance with the following rules: 1) Plaintiffs must highlight in yellow the portions they wish to offer. 2) Defendants must highlight in blue the portions they wish to offer. 3) If either party objects to the proposed testimony, the objections must be placed next to the proposed testimony in the margins. The objections must be as specific as possible, identifying the Rule of Evidence, Court order, or other basis for the exclusion. Generic objections are not appropriate. Objections should identify the basis for an objection but should not make argument. The following examples present correct and incorrect objections. Incorrect: “Relevance” Correct: “Relevance, Rule 402” Incorrect: “Motion in Limine” Correct: “Court Order 12/1/10, Doc. 39.” Incorrect: “Based on Smith v. Jones, this testimony is irrelevant because . . . ” Correct: “Relevance, Rule 402” 4) The response to the objection is to be placed under the specific objection, also in the margin, and following the same rules as above. For example: Objection: Hearsay, Rule 802. Incorrect: “Exception.” Correct: “Not offered for the truth. Offered to show intent. Rule 801.” Incorrect: “Exception.” Correct: “Business record exception under Rule 803(6).” The Court will issue its rulings no later than the morning of the trial day that the designation is scheduled to be used.

=== Discovery Dispute Instructions ===

DISCOVERY DISPUTES Pursuant to Local Rule 7.2(j) and the Court’s Rule 16 Scheduling Order, counsel and any pro se parties must personally meet and confer and make all reasonable efforts to resolve a discovery dispute prior to contacting the Court. GENERALLY, NO MOTIONS CONCERNING THE DISPUTE ARE PERMITTED TO BE FILED. 1. If unable to resolve a discovery dispute, do not file a motion unless directed by the Court. 2. Each party is required to provide the Court with written certification that there has been compliance with Rule 7.2(j) and the Rule 16 Scheduling Order. 3. File and e-mail to chambers ([email protected]) a joint statement of the dispute. This joint statement is not to exceed 14 lines per issue for each party unless an enlargement has been approved by the Court. 4. The filed/faxed document will be reviewed, and either an order will issue or a hearing will be set with the parties receiving notice via the Court’s electronic filing system.

=== Exhibit Procedure ===

EXHIBITS – MARKING, LISTING, AND CUSTODY for United States District Court Judge Roslyn O. Silver Judge Code: 7022 Exhibits shall be prepared by counsel or the parties, if pro se, and delivered to the courtroom deputy AT LEAST 48 HOURS IN ADVANCE OF TRIAL or any such time as the Court orders. USE OF LABELS/COVER SHEET 1. Exhibit cover sheets and labels are divided by color to indicate whether the exhibit is offered by Plaintiff (YELLOW) or Defendant (BLUE). Cover sheets are available on the Court’s website under “Judges’ Information”. If counsel needs adhesive labels for demonstratives or photographs, they shall contact the courtroom deputy PRIOR to trial. 2. Exhibit cover sheets shall be copied on yellow or blue paper and used in cover sheet fashion to identify standard size paper exhibits (Including standard size paper photographs). The cover sheet shall be stapled to the top of the original exhibit, and the exhibit shall be placed in a manilla folder numbered to correspond with the exhibit number only. 3. If the exhibit is a photo (i.e. 4 x 6, 5 x7), use adhesive labels on the back of the photo, and place in the manilla folder with the corresponding exhibit number. 4. Large or bulky items may require the use of tie tags with the exhibit label placed on the tag or may be marked in a logical location on the item or on the plastic bag containing the item. 5. Charts used for demonstration should be identified in the lower right hand corner with an exhibit label or on the reverse side of the chart. If the item is an enlargement of another marked exhibit, it should be numbered as a sub-part of the smaller exhibit (i.e. 1a, 2a). 6. During trial, always advise the courtroom deputy in advance which exhibits will be needed for each witness. If you are only using electronics to display the exhibits, this is not necessary. Paper copies of the exhibits are still required as listed above, should the witness need to see the hard copy of the exhibit and to provide to the jury during deliberations. NUMBERING 1. Blocks of numbers are used by each side; Plaintiff uses numbers 1 thorough the estimated number of exhibits. Defendant is given numbers starting after Plaintiff but allowing space for additional exhibits marked during trial (example: Plaintiff 1-80 and Defendant 100- ). Parties shall work with each other on determining the blocks of numbers to be used. Failure to comply with this directive will result in exhibits being properly remarked by counsel. 2. Plaintiff and Defendant shall consult regarding marking exhibits to AVOID MARKING DUPLICATES. If Plaintiff(s) marks a document, Defendant(s) should not mark the same document. The exhibits are considered Court exhibits, not Plaintiff's or Defendant's exhibits. Either side may move the other's exhibits into evidence. 3. Use NUMBERS ONLY except when identifying sub-parts; i.e., 3a, 3b, 3c. If the sub- parts will be more than a - z, commence with another number; i.e., 4a, 4b, 4c. Categorizing exhibits should be kept as simple and clear as possible. For the most part, USE NUMBERS. The exhibit list shall list each subpart individually for marking in evidence, unless moving to admit the exhibit as a whole. 4. Multiple page exhibits should have each page marked for easy reference and should be stapled or ACCO fastened; please do not use paper or binder clips. In bulky documents, BATES stamp numbers may be placed on each page, at the bottom right corner, and can be continuous numbering. 5. Blocks of numbers may be used to categorize exhibits; i.e, series 1-99 are Bank Records; series 100-199 are Tax Returns; series 200-299 are photographs; series 300-399 are Miscellaneous. The exhibit list will break down the categories and should be tabbed accordingly. If the parties anticipate admitting parts of an exhibit, then those parts shall be identified with a subpart and marked accordingly, including on the exhibit list. USE OF FOLDERS 1. Place exhibits loose in folders so that the exhibit may be pulled out of the folder during trial. DO NOT attach the exhibit to the file folder. Label the top of the folder to identify the exhibit number. 2. If there are many folders, place them in a box in numerical order. Mark the outside of the box with the exhibits contained therein. Leave room in the box for any extra exhibits that may be submitted during trial. 3. DO NOT PLACE TRIAL EXHIBITS IN BINDERS except when the binder is considered ONE exhibit. Mark the binder with an exhibit label in the lower right-hand corner. JUDGE’S COPIES 1. Judge’s copies of the exhibits shall be provided in a binder that is tabbed by exhibit number. No exhibit tags are needed on the judge's binders or set of exhibits. Mark the binder with what exhibits are contained in that particular binder. Notification on the front and side of the binder is helpful to the Court. EXHIBIT LISTS 1. Exhibits shall be listed on the exhibit list provided or reproduced on a word processor, so long as it follows the same format as listed on the Court’s website. Be sure to leave enough space at the end of the list to add additional exhibits marked during trial. The exhibit number and description should begin at the top of each block. 2. Provide the courtroom deputy with the original and two copies of the exhibit list along with the delivery of the exhibits. Email copies of the lists in Word format to [email protected]. WITNESS LISTS 1. Witnesses shall be listed on the witness list provided or reproduced on a word processor, so long as it follows the same format. Witnesses should be listed in alphabetical order unless otherwise ordered by the Court. Names should be at the top of the block and extra blank spaces included at the end. This is needed when names have to be added that are not on the list. 2. Provide the courtroom deputy with the original and two copies of the witness list along with the delivery of the exhibits. Email copies of the lists in Word format to [email protected]. SENSITIVE EXHIBITS 1. Pursuant to General Order 98-07 dated July 30, 1987, "The arresting or investigative agency or designated representative shall retain custody of sensitive exhibits prior to, throughout, and after the trial. Sensitive exhibits shall include drugs and drug paraphernalia, guns and other weapons, money and any other exhibits designated as sensitive by the Court." 2. The courtroom deputy will not take custody of any sensitive exhibits. During lengthy breaks and at close of the day, these exhibits are returned to the government (usually the agent) until court resumes. IMPEACHMENT EXHIBITS 1. Impeachment exhibits are given to the courtroom deputy the first day of trial, in a SEALED envelope, not the day a witness testifies. The envelope shall be marked with the caption of the case and Plaintiff/Defendant impeachment exhibits. If there is more than one exhibit in the envelope, mark each one with a SEPARATE NUMBER so you (and the clerk) will be able to identify it. Identify these exhibits with a numbering system of your own for easy retrieval and the courtroom deputy will assign the next available number in the block of numbers, when the exhibit is used. Additional copies for the Court and opposing side are to also be included in the envelope should the exhibit be used. STIPULATED EXHIBITS 1. In civil trials, counsel or the parties may agree on most of the exhibits prior to trial and as listed in the pretrial order. Counsel and the parties may give the courtroom deputy a list of the stipulated exhibits to be marked in evidence before moving for their admission. The stipulation shall also be filed on the docket. 2. In criminal trials, stipulated exhibits usually are admitted one at a time during the course of trial. If the parties do stipulate to the admission of exhibits prior to trial, the parties are to provide a list to the courtroom deputy and file a stipulation on the docket prior to trial. The exhibit numbers will be read into the record for the jury. 3. All exhibits stipulated will be admitted and provided to the jury whether or not they are used during trial. DEPOSITIONS 1. Depositions ARE NOT marked as exhibits. Identify them as plaintiff/defendant (so they will be returned to the correct party after trial), place them in alphabetical order and give them to the courtroom deputy the morning of the first day of trial. MEDICAL OR TECHNICAL TERMS 1. Provide a list of medical or technical or complex terms for the court reporter at least five days prior to the trial commencing. (See “Notice to the Court Reporter”) RETURN OF EXHIBITS 1. Pursuant to LRCiv 79.1(a), all exhibits are returned to respective counsel or the parties to keep custody of pending all appeals. If exhibits are not retrieved by counsel or the parties within 30 days of the Notice of Return of Exhibits, LRCiv 79.1(c), the courtroom deputy may destroy or otherwise dispose of them. 2. Usually, trial exhibits are returned immediately to counsel or the parties upon conclusion of trial. Counsel or the parties will sign for returned exhibits. When a case is taken under advisement and a verdict or court ruling issues at a later date, a separate order will follow directing counsel or the parties to retrieve exhibits from the courtroom deputy. If you have any questions or need more exhibit labels, please e-mail [email protected] or call 602-322-7134. Please note the courtroom deputy is away from his desk when in court and responses are generally received quicker by email.

=== Joint Proposed Pretrial Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Plaintiff, Defendant. No. CV-PHX-ROS ORDER Pursuant to the scheduling order entered [date], the following Joint Proposed Pretrial Order is to be considered at the Final Pretrial Conference set [date]. A. TRIAL COUNSEL FOR THE PARTIES (Include mailing address, phone number and email address) Plaintiff(s): Defendant(s): B. STATEMENT OF JURISDICTION/VENUE Cite statutes or rules which give this Court jurisdiction and venue. (e.g., Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. § 1332.) C. NATURE OF ACTION Provide a concise statement of the type of case, the cause of action, and the relief sought. (e.g., - This is a products liability case wherein the plaintiff 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 seeks damages for personal injuries sustained when he fell from the driver’s seat of a forklift. The plaintiff contends the forklift was defectively designed and manufactured by the defendant and the defects were a producing cause of his injuries and damages.) D. JURY/NON-JURY State whether any party has demanded a jury trial of all or any of the issues and, if so, whether each adversary accepts or contests the demand for jury trial. E. CONTENTIONS OF THE PARTIES With respect to each count of the complaint, counterclaim or cross-claim, and to any defense, affirmative defense, or presumption where the burden of proof has shifted, the party having the burden of proof shall list the elements or standards that must be proved in order for the party to prevail on each claim or defense and set forth the relief (e.g., monetary damages), if any, claimed by each party. Citation to relevant and/or controlling legal authority is required. (e.g., In order to prevail on this products liability case, the plaintiff must prove the following elements . . . .) (e.g., In order to defeat this products liability claim based on the statute of repose, the defendant must prove the following elements . . . .) F. G. STIPULATIONS AND UNDISPUTED FACTS PLAINTIFF’S CONTENTIONS OF DISPUTED FACT H. DEFENDANT’S CONTENTIONS OF DISPUTED FACT I. ISSUES OF LAW IN CONTROVERSY List briefly any points of law, substantive, evidentiary or procedural, as well as the measure or kind of relief prayed for, which are or may be reasonably expected to be in controversy. J. SEPARATE TRIAL OF ISSUES State whether separate trial of any of the issues is advisable and feasible. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 K. WITNESSES Provide a separate list for each party of all witnesses whom the party will call or may call in person or through deposition, except witnesses who may be called only for impeachment or rebuttal. Additionally, the parties shall designate which witnesses (1) shall be called at trial, (2) may be called at trial, and (3) are unlikely to be called at trial. Also provide a very short summary of the intended testimony of the witness. If any additional witnesses come to the attention of counsel prior to the trial, a supplemental list and summary must be prepared, with notice to the opposing side, and filed with the Court. This supplemental list must include the reason why the witness’s name was not set forth in this Joint Proposed Pretrial Order. L. EXPERTS Provide a brief summary of each expert’s qualifications and proposed testimony and list any stipulations relating to the number or nature of experts to be called by the parties. M. EXHIBITS Each party must submit with this proposed order a list of numbered exhibits with a description of each containing sufficient information to identify the exhibit and indicating whether an objection to its admission is anticipated, the basis for such objection, and the opposing party’s response to that objection. Prior to submitting the joint pretrial order, however, the parties shall meet and confer in good faith regarding each objection to an exhibit, and the response to that objection, in an effort to resolve the dispute without the Court’s intervention. Whenever a subject matter will reasonably require itemization, computation or illustration, counsel shall prepare diagrams, photocopies or other similar exhibits as may be reasonably necessary for a clear presentation of the subject matter. N. MOTIONS IN LIMINE & REQUESTED EVIDENTIARY RULINGS Set forth the motions in limine which have been filed and whether they have been - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ruled upon or are scheduled to be ruled upon at the Final Pretrial Conference. Briefly state objections to admission of any anticipated testimony with citation to the applicable Federal Rules of Evidence. O. P. PROBABLE LENGTH OF TRIAL TRIAL DATE Provide available trial dates after the Final Pretrial Conference for all trial counsel and witnesses. FOR A BENCH TRIAL Q-1. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW shall be filed and served by each party in accordance with the instructions set forth in this Court’s Rule 16 Scheduling Order. FOR A JURY TRIAL Q-2. STIPULATED PROPOSED STATEMENT OF THE CASE, JURY INSTRUCTIONS, VOIR DIRE QUESTIONS, JUROR QUESTIONNAIRES, FORMS OF VERDICT AND TRIAL MEMORANDUM OF LAW shall be filed with this proposed order in accordance with the procedures set forth in this Court’s Rule 16 Scheduling Order. R. MISCELLANEOUS Set forth any other appropriate matters which will aid in the effective presentation or disposition of the action. S. MODIFICATION OF ORDER The Court may, in order to prevent manifest injustice or for good cause shown, at the trial of the action or prior thereto upon application of counsel for either party, made in good faith, or upon the motion of the Court, modify the Final Pretrial Order upon such conditions as the Court may deem just and proper. APPROVED AS TO FORM AND CONTENT: _______________________________ __________________________________ - 4 - Attorney for Plaintiff Attorney for Defendant THIS JOINT PRETRIAL ORDER IS HEREBY APPROVED ON THIS ____ DAY OF _______________________, 20___. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 5 -

=== Juror Questionnaire ===

**THIS QUESTIONNAIRE IS FOR ATTORNEY USE ONLY** IF YOU ARE A JUROR AND HAVE REACHED THIS PAGE, PLEASE CALL THE JURY OFFICE AT 602-322-7278. YOU SHOULD NOT COMPLETE THIS QUESTIONNAIRE Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JUDGE SILVER'S CONFIDENTIAL JUROR QUESTIONNAIRE STATEMENT OF THE CASE: Click or tap here to enter text. **Please do not write on the back of this questionnaire. 1. 2. 3. 4. 5. HAVE YOU READ OR HEARD ANYTHING ABOUT THE FACTS OF THIS CASE? GIVEN THIS BRIEF RECITATION OF FACTS, IS THERE ANYTHING ABOUT THESE CIRCUMSTANCES THAT WOULD CAUSE YOU TO BELIEVE YOU COULD NOT CONSIDER THE EVIDENCE FAIRLY, IMPARTIALLY, AND ACCORDING TO THE LAW? FULL NAME: AGE: COMPLETE ADDRESS: 6. WHERE DO YOU WORK? (If retired, where did you work just before you retired?) 7. WHAT KIND OF WORK DO YOU DO? (If retired, what was the nature of work you last did?) 8. WHAT IS OR WAS YOUR MOST RECENT JOB TITLE? 9. WHAT DO OR DID YOU LIKE MOST ABOUT YOUR JOB? WHAT DO OR DID YOU LIKE LEAST? 10. PLEASE STATE ANY OTHER JOBS YOU HAVE HAD IN THE LAST FIVE YEARS: 11. WHAT LEVEL OF SCHOOL DID YOU REACH? DESCRIBE ANY DEGREES YOU HAVE RECEIVED. Page 2 of 4 12. ARE YOU MARRIED? (If yes, what type of work does your spouse do? If he/she is retired, what was the nature of the work he/she did prior to retirement?) 13. IF YOU HAVE CHILDREN, PLEASE STATE THEIR AGES, AND IF THEY WORK, WHAT IS THE OCCUPATION OF EACH? 14. WHO ARE THE MEMBERS OF YOUR HOUSEHOLD? WHAT DO THEY DO [OCCUPATION]? 15. HAVE YOU EVER SERVED IN THE MILITARY? IF YES, WHICH BRANCH AND FOR HOW LONG? 16. A. HAVE YOU EVER SERVED ON A JURY BEFORE? IF YES, PLEASE STATE THE TYPE OF CASE, WHETHER IT WAS IN STATE OR FEDERAL COURT, WHETHER A VERDICT WAS REACHED AND, WITHOUT STATING WHAT YOUR VERDICT WAS, WHAT WAS THE VERDICT OF THE JURY? B. IF APPLICABLE, IS THERE ANYTHING IN YOUR PREVIOUS JURY SERVICE THAT WOULD INFLUENCE YOU IN DECIDING THE ISSUES IN THIS CASE? 17. HAVE YOU EVER SERVED ON A GRAND JURY? IF YES, WHEN? DID YOU ENJOY IT? 18. HAVE YOU OR ANY MEMBER OF YOUR FAMILY EVER BEEN A PLAINTIFF OR A DEFENDANT IN A STATE OR FEDERAL COURT CASE? IF YES, WHAT TYPE OF CASE? IS THERE ANYTHING ABOUT THAT EXPERIENCE THAT WOULD PREVENT YOU FROM ACTING AS A FAIR AND IMPARTIAL JUROR IN THIS CASE? 19. WHAT DO YOU DO IN YOUR SPARE TIME? 20. WHAT PRINT OR DIGITAL PUBLICATIONS AND WEBSITES DO YOU READ OR FOLLOW REGULARLY? DO YOU SUBSCRIBE TO ANY PODCASTS? 21. WHAT WAS THE LAST BOOK YOU READ? 22. 23. IF YOU WATCH TELEVISION, WHAT SHOWS DO YOU WATCH REGULARLY? IF YOU HAVE BUMPER STICKERS ON YOUR CAR, STATE THE CONTENT OF THEM. Page 3 of 4 24. IF YOU BELONG TO CIVIC, SOCIAL, FRATERNAL, UNION OR PROFESSIONAL ORGANIZATIONS, PLEASE STATE WHICH ONES. 25. NAME A FAMOUS PERSON AND/OR ANY PERSON, DEAD OR ALIVE, WHO HAS MADE A SIGNIFICANT CONTRIBUTION TO YOUR LIFE AND WHOM YOU MOST ADMIRE, AND STATE WHY. 26. IF YOU COULD DO ANYTHING IN THE WORLD TODAY, OTHER THAN JURY DUTY, WHAT WOULD IT BE? I declare, under penalty of perjury, that all answers are true and correct to the best of my knowledge. _________________________________ _________________________________ Signature Date Page 4 of 4

=== Jury Instructions ===

JURY INSTRUCTIONS Jury instructions shall be jointly filed in one document, including: 1) instructions agreed to by all parties, 2) separate instructions (one for each party) where the parties do not agree, and 3) legal authority supporting ALL proposed instructions whether the parties agree or not. Where the parties do not agree, the opposing party shall clearly state its objection to the proposed instruction, and the proposing party shall clearly state its response. Unmodified Model Jury Instructions are strongly encouraged and shall be used unless otherwise ordered by the Court. One side shall be responsible for filing on ECF and emailing to chambers mailbox ([email protected]) ALL joint proposed jury instructions. Fonts and formatting are to be consistent and in accordance with the local rules. Jury instructions are due no later than four weeks before trial, or as ordered by the Court. Any additions to the initial instructions require a re-submission of the entire instructions packet. After final ruling by the Court on all disputed instructions, it is the joint obligation of counsel to submit one final set of instructions to the Court immediately after the ruling and prior to closing arguments. Questions regarding jury instruction submissions for civil cases are to be directed to the Judicial Assistant at [email protected] or 602-322-7520. Questions regarding jury instruction submissions for criminal cases are to be directed to the Courtroom Deputy at [email protected] or 602-322-7134.

=== Notice to Court Reporter ===

NOTICE TO COURT REPORTER To facilitate the creation of an accurate, real-time record for Judge Silver and counsel, if requested, counsel shall provide a Notice to Court Reporter five days prior any oral argument, hearing or trial containing the following information that may be used during the proceeding. 1. Proper names, including those of witnesses 2. Acronyms 3. Geographic locations 4. Technical/medical terms, names or jargon 5. Table of authorities, in alphabetical order, which includes all the authorities on which the parties will rely at said oral argument, hearing or trial This Notice to Court Reporter need not be filed but shall be provided in person or by email to Judge Silver’s Court Reporter, Patricia Lyons, 401 West Washington Street, Suite 312, Phoenix, Arizona 85003-2118; [email protected]. Counsel will advise Judge Silver’s court reporter as soon as possible if they would like to receive a real-time feed (LiveNote, Summation, Bridge or any other real-time software) during the proceedings so that proper paperwork may be in place and arrangements made for a test run before the actual proceeding.

=== Rule 16 Scheduling Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff(s), RULE 16 SCHEDULING ORDER No. CV-2X-0XXXX-PHX-ROS INSERT, v. INSERT, Defendant(s). Pursuant to the terms of the Case Management Plan and the representations made by the parties at the Rule 16 Scheduling Conference, all parties shall comply with the deadlines established in this Order. A. All proceedings concerning this case shall be in accordance with the Federal Rules of Civil Procedure. B. All Initial Disclosures as defined in FRCP 26(a)(1), if not already disclosed prior to the Scheduling Conference, shall be made no later than five days after the date of the entry of this Order. C. To satisfy the requirements of FRCP 26(a)(1), the parties shall file a Notice of Initial Disclosure, rather than copies of the actual disclosures. D. Procedural motions including Motions to Amend the Complaint or Answer, and Motions to Join Additional Parties shall be filed no later than ________________________. E. The Plaintiff(s) shall disclose the identity of all persons who may be used at 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 trial to present evidence under Federal Rules of Evidence (FRE) 701, 702, 703, 704, and 705 no later than ________________. The Defendant(s) shall disclose the identity of all persons who may be used at trial to present evidence under FRE 701, 702, 703, 704, or 705 no later than ________________. No deposition of any expert witness shall occur before the disclosures concerning expert witnesses mandated by this Order have been made. The disclosures of the identities of all persons who may be used at trial to present evidence under FRE 701,702, 703, 704, or 705 shall also include all of the disclosures required by FRCP 26(a)(2)(B) if the witness is either (1) retained or specifically employed to provide expert testimony in the case, or (2) is an agent or employee of the party offering the testimony whose duties regularly involve giving expert testimony.1 F. All discovery, including answers to interrogatories, production of documents, depositions and requests to admit shall be completed by _______________. G. The parties shall finally supplement all discovery, including material changes in expert witness opinions and material disclosures, pursuant to FRCP 26(a)(3), of all exhibits to be used and all witnesses to be called at trial, on or before _________________.2 H. Discovery by interrogatory shall be governed by the national uniform requirements set forth in FRCP 33. I. Depositions shall be limited by the national uniform requirements set forth in Rules 30, 31, and 32 of the FRCP. J. Motions on discovery matters are prohibited. Should a discovery dispute arise Counsel shall consult and make a sincere effort to resolve the matter(s). If the parties cannot reach a resolution, they are directed to consult the Court's Standing Order concerning discovery disputes to ensure full compliance with the Court's discovery dispute 1 The parties are on notice that this Order requires disclosure different than that required by FRCP 26(a)(2). 2 The parties are on notice that this order supersedes the “30 days before trial” disclosure deadline contained in FRCP 26(a)(3). Therefore, failure to timely supplement pursuant to Rule 26(e), including attempts to include witnesses and exhibits in the Proposed Final Pretrial Order or at trial that were not previously disclosed in a timely manner may result in the exclusion of such evidence at trial or the imposition of other sanctions including dismissal and the imposition of default pursuant to FRCP 37, the Local Rules of Civil Procedure of the District Court, and the inherent power of the Court. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 procedures, some of which are not included here. Discovery Dispute Instructions are available on the District of Arizona website at www.azd.uscourts.gov / Judges’ Information / Orders, Forms & Procedures for the Hon. Roslyn O. Silver. K. This Order contemplates that each party will conduct discovery to permit completion within the deadline. Any discovery which results in insufficient time to undertake necessary additional discovery and which requires an extension of the discovery deadline will be met with disfavor, will only be granted for good cause or only to prevent manifest injustice pursuant to FRCP 16(b) and (e), and may result in denial of an extension, exclusion of evidence, or the imposition of other serious sanctions pursuant to FRCP 37(b),(c),(d). L. All dispositive motions shall be filed no later than ________________. Unless permitted by Order of the Court, only one dispositive motion is allowed to be filed by each party. M. All parties are specifically admonished that pursuant to LRCiv 7.2(i), "[i]f a motion does not conform in all substantial respects with the requirements of this Rule, or if the opposing party does not serve and file the required answering memoranda, or if counsel for any party fails to appear at the time and place for oral argument, such non- compliance may be deemed a consent to the denial or granting of the motion and the Court may dispose of the motion summarily." N. The parties shall keep the Court apprised of settlement negotiations and the progress of discovery. A joint letter to the Court concerning the status of settlement discussions (containing no specific settlement terms or offers) and the progress of discovery shall be filed by _________________ and initially labeled 'FIRST NOTICE OF DISCOVERY AND SETTLEMENT," and shall be subsequently filed every FOUR months thereafter. If settlement is reached the parties shall file a Notice of Settlement with the Clerk of the Court with a copy to Judge Silver's Chambers. O. A Joint Proposed Pretrial Order, all Motions in Limine, a Joint Statement of the Case, Joint Jury Instructions, Verdict Form, and Stipulated Voir Dire Questions to be - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 added to the Court’s standard Jury Questionnaire shall be lodged and filed by ________________. If dispositive motions have been filed, the Joint Proposed Pretrial Order and Motions in Limine and other documents shall be due either on the above date or 30 days following resolution of the dispositive motions, whichever is later. The content of the Joint Proposed Pretrial Order is that prescribed in the Court’s form of Joint Proposed Pretrial Order. [See Court’s website: www.azd.uscourts.gov under “Judges and Courtrooms/Orders, Forms & Procedures”). Responses to Motions in Limine are due 15 days after the Motions are filed, and no Replies are permitted unless specifically ordered by the Court. P. If the case will be tried to the Court, rather than to a jury, in addition to filing a Joint Proposed Pretrial Order, each party shall file Proposed Findings of Fact and Conclusions of Law on the same date the Joint Proposed Pretrial Order is due. Q. The attorneys who will be trying the case for each of the parties shall appear at the Final Pretrial Conference that will be scheduled as promptly as possible after the filing of the Joint Proposed Pretrial Order. The attorneys appearing at the conference shall be prepared to address the merits of all issues raised in the Joint Proposed Pretrial Order and fully briefed Motions in Limine. Unless one has already been established, the Court will set a firm trial date at the Pretrial Conference, and will sign the Final Pretrial Order with any additional instructions for trial preparation. R. Any other final pretrial matters required pursuant to FRCP 26(a)(3) are due in accordance with this Order prior to the preparation and filing of the Joint Proposed Pretrial Order. S. The parties shall email to chambers mailbox ([email protected]) their proposed voir dire questions and statement of the case for the juror questionnaire, jury instructions, and form of verdict in Microsoft Office Word 2010 format, in addition to other written materials filed with the Clerk of the Court. T. An Interim Rule 16 Status Conference is scheduled for - 4 - ______________________. Prior to the Interim Conference, counsel are to prepare and file a Joint Status Report by __________________________. That Joint Status Report shall indicate whether any party plans on filing a dispositive motion. If a party plans on filing a dispositive motion, the party planning to do so shall include in the Joint Status Report a brief overview of the planned basis for that motion. Counsel are reminded that all evidence offered in support of summary judgment must be admissible. The party planning to oppose the motion shall include a brief overview of why a dispositive motion would not be successful. Counsel will be prepared to inform the court of what admissible evidence exists to support their position. This Court views compliance with the provisions of this Order as critical to its case management responsibilities and the responsibilities of the parties under FRCP 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 5 -

=== Trial Setting Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Plaintiff, Defendant. No. CV-PHX-ROS ORDER This matter is ready for trial. Accordingly, the Court enters the following orders. IT IS ORDERED all Motions in Limine are due ________________. Responses are due ten days afterward. No replies are permitted unless ordered by the Court. Prior to filing any Motion in Limine, the parties must confer and discuss the contents of each planned motion. No Motion in Limine should be filed if the other party does not oppose the relief requested. IT IS FURTHER ORDERED the Joint Proposed Pretrial Order, if not already filed, is due ________________. IT IS FURTHER ORDERED the parties shall review the Court’s standard Juror Questionnaire (available on the Court’s website) and submit NO MORE THAN 5 std/10 complex PROPOSED QUESTIONS EACH to be added to the standard Juror Questionnaire with the Court’s approval no later than ________________. Each proposed question shall stand alone and shall not contain sub-parts. IT IS FURTHER ORDERED the parties shall submit a Joint Statement of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case, of no more than a few short sentences for the Juror Questionnaire, no later than ________________. IT IS FURTHER ORDERED no later than ________________, the parties shall file and submit via email ([email protected]) in Word format proposed Jury Instructions in compliance with the procedures available on the Court’s website, including but not limited to: 1) a joint set of proposed jury instructions where the parties’ instructions agree; 2) a separate set of instructions where the parties do not agree; and 3) legal authority supporting all proposed instructions whether the parties agree or not. Where the parties do not agree, the opposing party shall clearly state its objection to the proposed instruction and the proposing party shall clearly state its response. IT IS FURTHER ORDERED the parties will jointly file a proposed form of verdict, or if the parties do not agree, they may separately file proposed forms of verdict no later than ________________. IT IS FURTHER ORDERED the parties will separately file their Proposed Findings of Fact and Conclusions of Law no later than ________________ (bench trial only). IT IS FURTHER ORDERED no later than ________________, the parties shall deliver to chambers excerpts of the deposition testimony they propose to present at trial, in compliance with the procedures available on the Court’s website (found in Deposition Designation Procedure for Judge Silver), including but not limited to: Plaintiffs highlighting in yellow the portions they wish to offer and Defendants highlighting in blue those portions they wish to offer. If either party objects to the proposed testimony, a specific and concise objection (e.g., “Relevance, Rule 402”) shall be placed in the margin adjacent to the proposed testimony. IT IS FURTHER ORDERED a final pretrial conference is set for ________________ at which time the Court will review Juror Questionnaires. The parties shall meet and confer prior to this date regarding the Juror Questionnaires and - 2 - email to the Courtroom Deputy no later than noon on ________________ a list of any jurors they agree should be stricken for cause, along with any objections to jurors they do not agree should be stricken for cause. The parties shall not file this list. The Court will rule on any disputed jurors at the final pretrial conference. The parties will be supplied a thumb drive containing the questionnaires approximately one week prior to the final pretrial conference. Counsel shall bring a copy of the questionnaires to the conference for review. Counsel are required to return the thumb drive to the Courtroom Deputy and destroy all copies of the questionnaires no later than the last day of trial. IT IS FURTHER ORDERED trial to a jury/the court is set for ________________. Estimated length of trial is ____ days. IT IS FURTHER ORDERED the parties shall comply with the Exhibit Procedures found on the Court’s website at www.azd.uscourts.gov / Judges’ Information / Orders, Forms & Procedures for Hon. Roslyn O. Silver. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 -

=== Verdict Form Instructions ===

VERDICT FORM INSTRUCTIONS Verdict forms shall be jointly filed in one document, including: 1) those agreed to by all parties, 2) separate verdict forms (one set for each party) where the parties do not agree, and 3) legal authority supporting ALL proposed verdict forms whether the parties agree or not. Where the parties do not agree, the opposing party shall clearly state its objection to the proposed verdict forms, and the proposing party shall clearly state its response. One side shall be responsible for filing on ECF and emailing to chambers mailbox ([email protected]) ALL joint proposed verdict forms shall be in Word format. Fonts and formatting are to be consistent and in accordance with the local rules. Proposed forms of verdict are due no later than four weeks prior to trial, or as ordered by the Court. Any additions or corrections to the verdict forms require a re-submission of the entire packet. After final ruling by the Court on all disputed verdict forms, it is the joint obligation of counsel to submit final forms of verdict to the Court immediately after the ruling and prior to closing arguments. Questions regarding submission of verdict forms for civil cases are to be directed to the Judicial Assistant at [email protected] or 602-322-7520. Questions regarding submission of verdict forms for criminal cases are to be directed to the Courtroom Deputy at [email protected] or 602-322-7134.

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