Hon. Michael T. Morrissey · U.S. District Court for the District of Arizona
=== Case Management 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), CASE MANAGEMENT ORDER No. , v. , Defendant(s). On __________, the Court held a Case Management Conference pursuant to Rule 16(b) of the Federal Rules of Civil Procedure. The parties met prior to the Conference in accordance with Rule 26(f) and prepared a Joint Case Management Report. Based on the Case Management Conference and the Joint Case Management Report, the Court enters the following Case Management Order: 1. Initial Disclosures If the parties have not already done so, they shall exchange initial disclosures required by Rule 26(a) of the Federal Rules of Civil Procedure no later than . The parties must file with the Clerk of the Court a Notice of Initial Disclosures; the parties shall not file copies of the actual disclosures. 2. Joining Parties, Amending Pleadings, and Filing Supplemental Pleadings The deadline for joining parties, amending pleadings, and filing supplemental pleadings is 60 days from the date of this 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 3. Discovery Limitations Depositions are limited to seven hours each as provided in Rule 30(d)(1) of the Federal Rules of Civil Procedure. The limits set forth in Rules 30, 31, and 33 of the Federal Rules of Civil Procedure govern the number of depositions and interrogatories. Each party may also propound up to 40 requests for production of documents, including subparts, and up to 40 requests for admissions, including subparts. The parties may increase the limitations set forth in this paragraph by written agreement, but such an increase will not result in an extension of the discovery deadlines set forth below. 4. Fact Discovery The deadline for completing fact discovery, including discovery by subpoena, shall be ________________. To ensure compliance with this deadline, the following rules shall apply: a. All depositions shall be scheduled to commence at least five business days prior to the discovery deadline. A deposition commenced five business days prior to the deadline may continue up until the deadline, as necessary. b. All interrogatories, requests for production of documents, and requests for admissions shall be served at least 45 days before the discovery deadline. c. The parties may agree in writing, without Court approval, to extend the time for discovery responses provided in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, shall not alter or extend the discovery deadlines set forth in this Order. d. The parties must state with specificity objections to interrogatories, requests for admissions, and requests for production. The Court will not consider “general” or “global” objections. 5. Expert Disclosures and Discovery a. Plaintiff(s) shall provide full and complete expert disclosures as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than _____. - 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 b. Defendant(s) shall provide full and complete expert disclosures as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than _____. c. Rebuttal expert disclosures, if any, shall be made no later than _____. Rebuttal experts are limited to responding to opinions stated by initial experts. d. Expert depositions shall be completed no later than _______. As with fact witness depositions, expert depositions shall be scheduled to commence at least five business days before the deadline. e. Disclosures under Rule 26(a)(2)(A) of the Federal Rules of Civil Procedure must include the identities of treating physicians and other witnesses who will provide testimony under Rules 702, 703, or 705 of the Federal Rules of Evidence, but who are not required to provide expert reports under Rule 26(a)(2)(B). Rule 26(a)(2)(C) disclosures are required for such witnesses on the dates set forth above. Rule 26(a)(2)(C) disclosures must identify not only the subjects on which the witnesses will testify, but must also provide a summary of the facts and opinions to which the expert will testify. The summary, although not as detailed as a Rule 26(a)(2)(B) report, must be sufficiently detailed to provide fair notice of what the expert will say at trial.1 f. An expert witness who has not been timely disclosed will not be permitted to testify unless the party offering such witness demonstrates that: (a) the necessity of such expert witness could not have been reasonably anticipated at the time of the deadline for disclosing such expert witness; (b) the Court and opposing counsel or unrepresented party were promptly notified upon discovery of such expert witness; and (c) such expert witness was promptly proffered for deposition. See Wong v. Regents of the Univ. of Cal., 410 F.3d 1052, 1060 (9th Cir. 2005). 1 A “treating physician is only exempt from Rule 26(a)(2)(B)’s written report requirement to the extent that his opinions were formed during the course of treatment.” Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817, 826 (9th Cir. 2011). Thus, for opinions formed outside the course of treatment, Rule 26(a)(2)(B) written reports are required. Id. For opinions formed during the course of treatment, Rule 26(a)(2)(C) disclosures will suffice. - 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 g. Each party is limited to one retained or specially employed expert witness per issue. 6. Discovery Disputes a. The parties may not file written discovery motions without leave of Court.2 If a discovery dispute arises, the parties must promptly contact the Court to request a telephonic conference concerning the dispute. The Court will seek to resolve the dispute during the telephonic conference, and may enter appropriate orders based on the conference. The Court may order briefing, if necessary. b. Parties shall not contact the Court concerning a discovery dispute without first seeking to resolve the matter through personal or telephonic consultation and sincere effort as required by LRCiv 7.2(j). Any briefing ordered by the Court must also comply with LRCiv 7.2(j). c. Absent extraordinary circumstances, the Court will not entertain fact discovery disputes after the deadline for completing fact discovery, and will not entertain expert discovery disputes after the deadline for completing expert discovery. 7. Dispositive Motions a. Dispositive motions shall be filed no later than ________. Such motions must comply in all respects with the Federal Rules of Civil Procedure and the Local Rules of Civil Procedure. b. No party may file more than one motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure without first obtaining permission, by joint telephone call, from the Court. c. Failure to respond to a motion within the time periods provided in LRCiv 7.2 will be deemed consent to the granting of the motion, and the Court may dispose of the motion summarily pursuant to LRCiv 7.2(i). d. The parties shall not notice oral argument on any motion. Instead, a 2 The prohibition on “written discovery motions” includes any written materials delivered or faxed to the Court, including hand-delivered “correspondence” with attachments. - 4 - 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 party desiring oral argument shall place the words “Oral Argument Requested” immediately below the title of the motion pursuant to LRCiv 7.2(f). The Court will issue an order scheduling oral argument as it deems appropriate. 8. Good Faith Settlement talks All parties and their counsel shall meet in person and engage in good faith settlement talks no later than ________. Upon completion of such settlement talks, and no later than seven days after the deadline set forth in the preceding sentence, the parties shall file a Joint Report on Settlement Talks. The Report shall (a) inform the Court that the parties engaged in good faith settlement talks; (b) state the outcome of such talks; and (c) indicate whether the parties need assistance from the Court in seeking settlement of the case. The parties shall promptly file a Notice of Settlement with the Court at any time when settlement is reached during the course of this litigation. 9. Notice of Readiness for Pretrial Conference Plaintiff(s) shall notify the Court that the parties are ready for scheduling a Final Pretrial Conference pursuant to Rule 16(e) of the Federal Rules of Civil Procedure. Plaintiff(s) shall file and serve this notice within 10 days after the dispositive motion deadline, if no dispositive motions are pending on that date. If dispositive motions are pending, Plaintiff(s) shall file and serve the notice within 10 days after the resolution of dispositive motions. The Court will then issue an Order Setting Final Pretrial Conference that instructs the parties concerning their duties in preparing for the Final Pretrial Conference. A firm trial date will be set at the Final Pretrial Conference. 10. The Deadlines Are Firm The parties are advised that the Court will enforce the deadlines set forth in this Order; the parties should plan accordingly. 11. Briefing Requirements a. All Memoranda filed with the Court shall comply with LRCiv 7.1(b) requiring 13 point font in text and footnotes. b. Citations in support of any assertion in the text shall be included in - 5 - the text, not in footnotes. 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 - 6 -
=== Civil Exhibit List ===
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA CIVIL EXHIBIT LIST ____Preliminary Injunction TRO ____ Non-Jury Trial Jury Trial Case Number CV -MTM Start Date: vs. Plaintiff/Petitioner Defendant/Respondent Exhibit No. Marked for ID Admitted in Evidence Description 1 Exhibit No. Marked for ID Admitted in Evidence Description 2
=== Civil Witness List ===
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA CIVIL WITNESS LIST Preliminary Injunction TRO _______ Non-Jury Trial Jury Trial Case Number CV -MTM Trial Start Date: vs. ___________________________ Plaintiff/Petitioner Defendant/Respondent NAME SWORN APPEARED NAME SWORN APPEARED
=== Exhibit Coversheet ===
CASE NO. _ ________________________ _ ___________________________________ _ VS.__________________________________ PLAINTIFF’S EXHIBIT ______________ _ DATE: IDEN. DATE: EVID. BY: _________________________________ Deputy Clerk CASE NO. _ ________________________ _ ___________________________________ _ VS.__________________________________ DEFENDANT’S EXHIBIT __ __________ _ DATE: IDEN. DATE: EVID. BY: _________________________________ Deputy Clerk
=== Exhibit Procedures ===
EXHIBITS - MARKING, LISTING AND CUSTODY for United States Magistrate Judge Michael T. Morrissey GENERAL INSTRUCTIONS: Exhibits shall be prepared by counsel and delivered to the courtroom deputy AT LEAST 24 HOURS IN ADVANCE OF TRIAL or any such time as the court requires. Counsel are required to use the court's adhesive labels and/or cover sheets described below. Counsel shall also prepare the exhibit worksheet and witness list and deliver them to the courtroom deputy in triplicate (1 original and 2 copies) along with the exhibits (and a copy of the exhibits for the judge). During trial, please be prepared to advise the courtroom deputy in advance which exhibits will be needed for each witness. At the conclusion of trial, all exhibits will be returned to appropriate counsel for custody during any appeals process. Exhibits not retrieved by counsel may be destroyed by the clerk. (See LRCiv 79.1) Please e-mail the courtroom deputy at [email protected] for copies of exhibit and witness forms used by this court. Also, please e-mail the courtroom deputy attaching copies of the exhibit list and witness list in WordPerfect or Word format, so that the lists can be added to as needed during course of proceedings. 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). Counsel shall use the cover sheets provided (attached at page 5 and 6) to make colored copies for attaching to exhibits. If adhesive labels are required, they will be provided by the courtroom deputy. Cover sheets and labels are provided to counsel by the courtroom deputy for the purpose of numbering and labeling exhibits before trial. Please request cover sheets and labels in advance of the hearing date. 2. Exhibit cover sheets shall be copied on yellow or blue paper and used in cover sheet fashion to identify standard size paper exhibits. The cover sheet shall be stapled to the top of the original exhibit, and the exhibit shall be placed in a manila folder numbered on the tab to correspond with the exhibit number. Prepare and bring extra cover sheets to use for exhibits marked during trial. 3. If the exhibit is a photo, use adhesive labels on the back of the photo. 4. Large or bulky items may require the use of tie tags with the exhibit label placed on the tag or placed in a logical location on the item or on the plastic bag containing the item. 5. Large charts should be labeled, with an adhesive label, on the lower right-hand corner 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. NUMBERING: 1. Blocks of numbers are assigned to 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 100-150). Counsel shall confer to determine the number of exhibits that each side will need for numbering purposes. If counsel fail to comply with this instruction, counsel will be required to remark the exhibits. 2. Plaintiff and defendant shall consult with one another before marking exhibits to AVOID MARKING DUPLICATES. If plaintiff marks a document, the defendant should not mark the same document. The exhibits are considered court exhibits; either side may move the other's exhibits into evidence. 3. Use NUMBERS ONLY except when identifying sub-parts (e.g., 3a, 3b, 3c). If the sub-parts total more than a through z for a single exhibit, do not use letters; instead, use separate numbers for each sub-part. Categorizing exhibits should be kept as simple and clear as possible. For the most part, USE NUMBERS. 4. Multiple-page exhibits should be stapled or ACCO fastened; please do not use paper or binder clips. 5. Blocks of numbers may be used to categorize exhibits (e.g., series 1-99 are bank records; series 100- 199 are tax returns; series 200-299 are photographs; series 300-399 are miscellaneous). USE OF FOLDERS: 1. Place exhibits, with the cover sheet, loose in folders so that the exhibit may be pulled from the folder during trial. DO NOT attach the exhibit to the file folder. Label the top of the folder to identify the exhibit number. Have extra folders on hand for exhibits marked during trial. The Court will not provide these. 2. If there are many folders, place them in a box in numerical order. Mark the outside of the box as to which exhibits are 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. COPIES OF EXHIBITS FOR JUDGE: Judge Morrissey appreciates bench copies of exhibits, numbered and in a binder with tabs. Counsel are strongly encouraged to use the document camera or other audio/video methods for presentation of exhibits during trial. EXHIBIT LISTS: 2 1. Exhibits shall be listed on the exhibit list provided, or the exhibit list may be reproduced, so long as it follows the same format. The form is self-explanatory. Be sure to leave enough SPACE at the end of the list to add additional exhibits. Each page shall be completed to the end or finished with blank blocks. Extra blank pages are appreciated for both the exhibit and witness lists. The exhibit number and description should be started at the top of each block. PLEASE USE BRIEF DESCRIPTIONS. 2. Provide the courtroom deputy with the original and two copies of the exhibit list along with the exhibits. Also, please e-mail the courtroom deputy at [email protected] attaching copies of the exhibit list in WordPerfect or Word format, so that the list can be added to as needed during course of proceedings. WITNESS LISTS: 1. Witnesses shall be listed on the witness list provided, or the witness list may be reproduced, so long as it follows the same format. Please provide full correct names and list them in alphabetical order. Names should be at the top of the block and extra blank spaces included at the end--this is helpful 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. Also, please e- mail the courtroom deputy at [email protected] attaching copies of the witness list in WordPerfect or Word format, so that the list can be added to as needed during course of proceedings. SENSITIVE EXHIBITS: 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) or appropriate party until court resumes. Pursuant to General Order 160 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." IMPEACHMENT EXHIBITS (CIVIL TRIALS ONLY): 1. Impeachment exhibits are given to the courtroom deputy the first day of trial, not the day a witness testifies, in a SEALED envelope. The envelope shall be marked with the caption of the case and shall identify the party presenting the 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 trial exhibit number when the exhibit is used. Remember that if an exhibit has value in addition to impeachment, it is not an impeachment exhibit and must be disclosed. See,e.g., Rule 26(a)(1)(B), Fed. R. Civ.P. ("solely for impeachment"). 3 STIPULATED EXHIBITS: In civil and criminal trials, parties may agree to the admission of some or most of the exhibits before trial. Counsel shall prepare a written stipulation listing those exhibits to be marked in evidence. This greatly expedites the proceeding. DEPOSITIONS: Depositions ARE NOT marked as exhibits. Identify them by party (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 trial. MEDICAL OR TECHNICAL TERMS: Provide a list of medical or technical terms for the court reporter before trial. RETURN OF EXHIBITS: 1. Pursuant to LRCiv 79.1, all exhibits are returned to respective parties for them to retain custody pending all appeals. If exhibits are not retrieved by counsel within 30 days of the Notice of Return of Exhibits, pursuant to LRCiv 79.1, the clerk may destroy or otherwise dispose of those exhibits. 2. Usually trial exhibits are returned immediately to respective counsel upon conclusion of trial. Counsel 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 to retrieve the exhibits from the courtroom deputy. If you have any questions or wish to receive exhibit forms electronically, please e-mail or call the courtroom deputy. Lisa Richter Magistrate Courtroom Clerk to Judge Michael T. Morrissey (602) 322-7244 [email protected] 4 CASE NO. VS. PLAINTIFF’S EXHIBIT DATE: DATE: BY: Deputy Clerk IDEN. EVID. 5 CASE NO. VS. DEFENDANT’S EXHIBIT DATE: DATE: BY: Deputy Clerk IDEN. EVID. 6
=== Guidelines for Jury Instructions in Civil Cases ===
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 GUIDELINES FOR JURY INSTRUCTIONS IN CIVIL CASES Magistrate Michael T. Morrissey The parties shall submit a joint list of proposed jury instructions. The list shall contain four sections. I. Section I shall contain Ninth Circuit Model Civil Jury Instructions Used by All Arizona Judges as found at www.azd.uscourts.gov under Judges’ Information. If a model instruction is requested by both parties, the instruction shall be preceded by “ST” (stipulated-to). If only one party requests the instruction, the instruction shall be preceded by either “PL” (Plaintiff) or “DF” (Defendant).1 For example: § 3.1 ST ST § 3.2 DF § 3.3 DF § 3.4 § 3.5 ST PL § 3.6 DF § 3.7 § 3.8 ST § 3.9 ST ST § 3.10 DF § 3.11 DF § 3.12 Duties of Jury to Find Facts and Follow Law What is Evidence What is Not Evidence Jury to be Guided by Official English Interpretation Direct and Circumstantial Evidence Credibility of Witnesses Opinion Evidence Expert Witnesses Causation Charts and Summaries Not Received in Evidence Charts and Summaries in Evidence Two or More Parties – Different Legal Rights Impeachment Evidence – Witness The parties shall include the full text of all model instructions both on the disk and in the joint document. II. Section II shall contain any non-model instructions to which the parties have stipulated. III. Section III shall contain any non-model instructions requested by Plaintiff (numbered consecutively). Plaintiff shall include citation to authority to support the requested instruction immediately following the instruction and Plaintiff’s authority. Defendant shall support any objection with citation to authority. If Defendant offers an alternative instruction, such alternative instruction shall immediately follow Defendant’s objection. IV. Section IV shall contain any non-model instructions requested by Defendant (numbered consecutively). Defendant shall include citation to authority to support 1 If multiple Defendants, identify which Defendant the requested instruction. Plaintiff shall state all objections to such instruction immediately following the instruction and Defendant’s authority. Plaintiff shall support any objection with citation to authority. If Plaintiff offers an alternative instruction, such alternative instruction shall immediately follow Plaintiff’s objection. Each proposed instruction shall begin on a new page. The parties should note that absent a showing of good cause, the failure to submit a proposed instruction or make an objection in the joint document by the deadline set forth in the Order Setting Final Pretrial Conference shall result in the instruction being refused or the objection being deemed waived. 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 - 2 -
=== Habeas Corpus Order ===
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Plaintiff, Defendant(s). No. ORDER Regarding responses to 28 U.S.C. § 2254 Petitions: a respondent may file a limited, initial response raising the affirmative defense of untimeliness if there is a reasonable basis to conclude that the petitioner's habeas corpus petition is untimely by more than one year past the deadline. A response limited to untimeliness must still include a brief factual and complete procedural background. A respondent does not waive the right to file additional affirmative defense, but shall await further direction from the Court before doing so. 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
=== Notice of Trial Acknowledgment ===
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 United States of America, No. Plaintiff, v. DEFENDANT'S NOTICE AND ACKNOWLEDGMENT OF TRIAL DATE , Defendant. I, having waived my personal and physical appearance in the District Court for my arraignment, understand that a trial date in my case was set for ________________, that at the time of the arraignment, plea(s) of not guilty were entered on my behalf; and that I am required to personally and physically appear in the United States District Court for the District of Arizona in Phoenix, Arizona on _________________________, Courtroom Number _______________ at 9:00 a.m. for my trial before the Honorable ________________________________, United States District Judge. Date Defendant's Signature Defendant's Printed Name This completed form is required to be filed within 15 days of the Arrainment.
=== Order Setting Final Pretrial Conference ===
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(s), Defendant(s). No. ORDER SETTING FINAL PRETRIAL CONFERENCE Pursuant to Rule 16(e) of the Federal Rules of Civil Procedure, a Final Pretrial Conference shall be held on _______ in Courtroom ___, Sandra Day O’Connor United States Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. In preparation for this Final Pretrial Conference, IT IS ORDERED: 1. The attorneys who will be responsible for the trial of the case must attend the Final Pretrial Conference. Counsel must bring their calendars so that trial scheduling can be discussed. 2. The parties jointly must prepare a Proposed Final Pretrial Order and must lodge it with the Court no later than 4:00 p.m. on ________. Preparation and lodging of the Proposed Final Pretrial Order in accordance with the requirements of this Order will be deemed to satisfy the disclosure requirements of Rule 26(a)(3) of the Federal Rules of Civil Procedure. The parties must submit a copy of the Proposed Final Pretrial Order to the Court in Word® format by e-mail to [email protected]. 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. The Proposed Final Pretrial Order must include the information prescribed in the Joint Proposed Final Pretrial Order form found at www.azd.uscourts.gov under: “Judges’ Information, Orders, Forms & Procedures/ Morrissey, Michael T.” Information must not be set forth in the form of a question, but must be presented in concise narrative statements. 4. The Court will not allow the parties to offer any exhibit, witness, or other evidence that was not disclosed in accordance with the provisions of this Order and the Federal Rules of Civil Procedure and listed in the Proposed Final Pretrial Order, except to prevent manifest injustice. 5. The parties must exchange drafts of the Proposed Final Pretrial Order at least 14 days before the submission deadline. The Plaintiff(s) must initiate communications concerning the Proposed Final Pretrial Order. 6. The parties must (a) number and mark exhibits in accordance with the instructions found in Exhibit Marking Instructions at www.azd.uscourts.gov under “Judges’ Information, Orders, Forms & Procedures (such numbers shall correspond to exhibit numbers listed in the Proposed Final Pretrial Order); (b) meet in person to exchange marked copies of all exhibits to be used at trial at least 14 days before the submission deadline for the Proposed Final Pretrial Order (any exhibit not marked and exchanged at this meeting will be precluded at trial); and (c) eliminate any duplicate exhibits while meeting to exchange exhibits. 7. The parties must file and serve all motions in limine no later than ______. Responses to motions in limine must be filed on or before ______. Each motion in limine must include proposed language for the order in limine being sought from the Court, and the proposed language must state with precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. The motions and responses must be concise and not exceed five pages in length. No replies shall be filed. Counsel must be prepared to argue the merits of such motions at the Final Pretrial Conference. 8. If this case will be tried to a jury, the parties must complete the following - 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 tasks by the time of the lodging of the Proposed Final Pretrial Order. (a) (b) The parties must file a stipulated description of the case to be read to the jury. The parties must jointly file a proposed set of voir dire questions. The voir dire questions must be drafted in a neutral manner. To the extent possible, the parties must stipulate to the proposed questions. If the parties have a disagreement about a particular question, they must state the reason for their objection below the question. The parties must also provide, for the purposes of voir dire, a joint master list of the names of every witness who may be called at trial. (c) The parties must file proposed jury instructions in accordance with “Guidelines for Jury Instructions in Civil Cases” found at www.azd.uscourts.gov under “Judges’ Information, Orders, Forms & Procedures/ Morrissey, Michael T.” (d) Each party must file a proposed form of verdict, including any proposed special verdict forms or juror interrogatories. (e) The joint statement of the case, proposed voir dire questions, proposed jury instructions, and forms of verdict shall be submitted in Word® format by e-mail to [email protected]. 9. If the case will be tried to the Court, each party must lodge proposed findings of fact and conclusions of law with the Proposed Final Pretrial Order. The proposed findings of fact and conclusions of law must also be submitted in Word® format by e-mail to [email protected]. 10. To facilitate the creation of an accurate record, the parties must file a “Notice to Court Reporter” at least seven days before trial containing the following information that may be used at trial. (a) Proper names, including those of witnesses. (b) Acronyms. (c) Geographic locations. (d) (e) Technical (including medical) terms, names or jargon. Case names and citations. - 3 - (f) Pronunciation for unusual or difficult words or names. Please also send (or transmit electronically) to the court reporter a copy of the concordance from key depositions. 11. The parties must be prepared to advise the Court at the Final Pretrial Conference of the status of settlement discussions. Should settlement be reached at any time, the parties promptly must file a Notice of Settlement with the Clerk of Court. 12. Counsel must review the Court’s statement of Trial Conduct and Decorum before the Final Pretrial Conference. A copy can be found on the Court’s website at www.azd.uscourts.gov under “Judges and Courtrooms/Orders, Forms & Procedures/Morrissey, Michael T.” 13. The Court requires full and complete compliance with this 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 - 4 -
=== Order Setting Rule 16 Case Management Conference ===
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 No. CV Plaintiff(s), ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE , v. , Defendant(s). Pursuant to Rule 16 of the Federal Rules of Civil Procedure, the Court sets a Case Management Conference for ___________ at ___________ in Courtroom ______, Sandra Day O’Connor U.S. Courthouse, 401 W. Washington St., Phoenix, Arizona 85003. In preparation for this Case Management Conference, IT IS ORDERED: A. Initial Disclosures The parties shall provide initial disclosures in the form, and on the schedule, required by Rule 26(a) of the Federal Rules of Civil Procedure. The parties must file with the Clerk of the Court a Notice of Initial Disclosures; the parties shall not file copies of the actual disclosures. B. Rule 26(f) Meeting and Joint Case Management Report The parties shall meet and confer at least 14 days before the Case Management Conference as required by Rule 26(f) of the Federal Rules of Civil Procedure. At this Rule 26(f) meeting, the parties shall develop a Joint Case Management Report that contains the following information in separately numbered paragraphs: 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. The parties who attended the Rule 26(f) meeting and assisted in developing the Joint Case Management Report; 2. A short statement of the nature of the case (3 pages or fewer), including a description of each claim and defense; 3. 4. 5. A description of the principal factual and legal disputes in the case; The jurisdictional basis for the case, citing specific jurisdictional statutes;1 Any parties that have not been served and an explanation of why they have not been served, and any parties that have been served but have not answered or otherwise appeared; 6. A statement of whether any party expects to add additional parties to the case or otherwise to amend pleadings (the Court will set a deadline of no later than 60 days after the Case Management Conference to join parties or amend pleadings); 7. A list of contemplated motions and a statement of the issues to be decided by these motions (including motions under Rules 702, 703, 704, and 705 of the Federal Rules of Evidence); 8. The status of related cases pending before other courts or other judges of this Court; 9. A statement of when the parties exchanged initial disclosures as required by Rule 26(a) of the Federal Rules of Civil Procedure; 10. A discussion of necessary discovery, including: a. b. c. the extent, nature, and location of discovery anticipated by the parties; Suggested changes, if any, to the discovery limitations imposed by the Federal Rules of Civil Procedure; and The number of hours permitted for each deposition, unless extended by agreement of the parties. 1 If jurisdiction is based on diversity, the parties shall include a statement of the citizenship of every party and the amount in dispute. See 28 U.S.C. § 1332. The parties are reminded that (1) a corporation is a citizen of the state where it is incorporated and the state of its principal place of business and (2) partnerships and limited liability companies are citizens of every state in which one of their members or partners resides. See 28 U.S.C. § 1332(c); Indus. Tectonics v. Aero Alloy, 912 F.2d 1090, 1092 (9th Cir. 1990); Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). - 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 11. A discussion of any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced; 12. A discussion of any issues relating to claims of privilege or work product; 13. Proposed specific dates for each of the following (deadlines should fall on a Friday unless impracticable): a. b. c. d. e. A deadline for the completion of fact discovery;2 Deadlines for disclosures of expert testimony under Rule 26(a)(2)(A)- (E) of the Federal Rules of Civil Procedure; A deadline for completion of all expert depositions; A deadline for filing dispositive motions; and A date by which the parties must engage in good faith settlement talks. 14. With regard to actions brought pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq., if the parties agree to resolve the action through cross-briefing, they shall jointly propose a deadline for each of the following: a. b. c. d. e. f. g. Initial disclosures; Completion of disclosure of materials (previously undisclosed) that either party contends should be considered as part of the record on review; Filing of the Administrative Record; Filing of Plaintiff(s) Opening Brief; Filing of Defendant(s) Response Brief; Filing of Plaintiff(s) Reply Brief; and Completion of Good Faith Settlement Talks. 15. Whether a jury trial has been requested and whether the request for a jury 2 The discovery deadline is the date by which the parties must complete all discovery. Accordingly, the parties must serve discovery requests and notice depositions sufficiently in advance of this date to ensure reasonable completion by the discovery deadline, including time to resolve discovery disputes. Absent extraordinary circumstances, the Court will not entertain discovery disputes after the discovery deadline. - 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 trial is contested (if the request is contested, briefly set forth the reasons); 16. 17. The estimated length of trial and any suggestions for shortening the trial; The prospects for settlement and any request of the Court for assistance in settlement efforts, such as a request that the Court refer the matter to another magistrate judge for a settlement conference; and 18. Any other matters that will aid the Court and parties in resolving this case in a just, speedy, and inexpensive manner as required by Rule 1 of the Federal Rules of Civil Procedure. The parties shall file the Joint Case Management Report with the Clerk at least seven days before the Case Management Conference. It is the responsibility of Plaintiff(s) to initiate the Rule 26(f) meeting and preparation of the Joint Case Management Report. Defendant(s) shall promptly and cooperatively participate in the Rule 26(f) meeting and assist in preparation of the Joint Case Management Report. C. Case Management Conference and Order The Court directs the parties to Rule 16 of the Federal Rules of Civil Procedure for the objectives of the Case Management Conference. Counsel who will be responsible for trial of the lawsuit for each party shall appear and participate in the Case Management Conference and shall have authority to enter into stipulations regarding all matters that may be discussed. The Court will grant a continuance of the Case Management Conference only for good cause and will not grant a continuance beyond the time limit set forth in Rule 16(b) of the Federal Rules of Civil Procedure. During or after the Case Management Conference, the Court will enter a Case Management Order. The form of the Court’s standard Case Management Order can be found on the Court’s website at www.azd.uscourts.gov under Judges Information/Orders, Forms & Procedures. The Court will enforce the deadlines in the Case Management Order; the parties should plan accordingly. D. Other Matters The parties are expected to fully comply with the Federal Rules of Civil Procedure - 4 - and Local Rules of Civil Procedure and to minimize the expense of discovery. The parties should ensure that all filings comply with Rules 7.1 and 7.2 of the Local Rules of Civil Procedure. The Clerk of the Court shall send copies of this Order to all counsel of record and to any unrepresented parties. 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 -
=== Proposed Final 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(s), Defendant(s). No. CV- PROPOSED FINAL PRETRIAL ORDER The following is the joint Proposed Final Pretrial Order to be considered at the Final Pretrial Conference set for _________ at ____. A. TRIAL COUNSEL FOR THE PARTIES Include mailing addresses, office phone numbers, fax numbers, and email addresses. Plaintiff(s): Defendant(s): B. STATEMENT OF JURISDICTION 1. Cite the statute(s) that gives this Court jurisdiction. (E.g., Jurisdiction in this case is based on diversity of citizenship under 28 U.S.C. § 1332.) 2. State whether jurisdiction is disputed. (If jurisdiction is disputed, the party contesting jurisdiction shall set forth with specificity the bases for the objection.) 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 C. STIPULATIONS AND UNCONTESTED FACTS AND LAW 1. 2. The following material facts are admitted by the parties and require no proof: The following material facts, although not admitted, will not be contested at trial by evidence to the contrary: 3. The following issues of law are uncontested and stipulated to by the parties: D. CONTESTED ISSUES OF FACT AND LAW 1. The following are the material issues of fact to be tried and decided: (Each issue of fact must be stated separately and in specific terms. Each party’s contention must be set forth with respect to each and every issue of fact.) E.g., Issue # 1: Whether Plaintiff used due care. Plaintiff Contends: Plaintiff looked both ways before crossing street . . . . Defendant Contends: Plaintiff ran out into the street without looking . . . . 2. The following are the issues of law to be determined: (Each issue of law must be stated separately in specific terms. Each party’s contention must be set forth with respect to each and every issue of law.) E.g., Issue # 1: Whether Plaintiff's suit is barred by the doctrine of laches. Plaintiff Contends: . . . Defendant Contends: . . . E. LIST OF WITNESSES Each party must separately list the names of witnesses, their addresses, whether they are fact or expert witnesses, and a brief description of the testimony of each witness. The witnesses shall be grouped as follows: (a) witnesses who will be called at trial; (b) witnesses who may be called at trial; and (c) witnesses who are unlikely to be called at trial. Additionally, the parties shall include the following text in this section of the Proposed Final Pretrial Order: “Each party understands that it is responsible for ensuring that the witnesses it wishes to call to testify are subpoenaed. Each party further understands that any witness a party wishes to call shall be listed on that party’s list of witnesses; the party cannot rely on the witness having been listed or subpoenaed by another - 2 - party.” F. LIST OF EXHIBITS 1. The following exhibits are admissible in evidence and may be marked in evidence by the Clerk: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 2. As to the following exhibits, the parties have reached the following stipulations: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 3. As to the following exhibits, the party against whom the exhibit is to be offered objects to the admission of the exhibit and offers the objection stated below: a. Plaintiff’s Exhibits: (E.g., City Hospital records of Plaintiff from March 6, 1985 through March 22, 1985. Defendant objects for lack of foundation because (the objection must specify why there is a lack of foundation. b. Defendant’s Exhibits: (E.g., Payroll records of Plaintiff’s employer that evidence payment of Plaintiff’s salary during hospitalization and recovery. Plaintiff objects on grounds of relevance and materiality because (the objection must specify why the exhibit is not relevant or material. 4. If there are more than 20 exhibits, the parties must submit their exhibit lists in writing, five days before trial, in a format to be designated by the Court at the Final Pretrial Conference or in Word® format by e-mail to [email protected]. 5. The parties must include the following text in this section of the Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any objections not specifically raised herein are waived.” 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 - 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 G. DEPOSITIONS TO BE OFFERED The parties shall list the depositions that may be used at trial. The portions to be read or submitted at trial must be identified by page and line number. Additionally, the party offering the deposition must provide the Court with a copy of the offered deposition testimony. The offering party must highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, the parties must submit only one copy of such deposition containing each party’s highlighting (each party should use a different color). Any party objecting to the admission in evidence of any portion of a deposition must identify by page and line number the portion to which an objection is made and must state the grounds of objection specifically. The parties must include the following text in this section of the joint Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any deposition not listed as provided herein will not be allowed, absent good cause.” H. MOTIONS IN LIMINE (JURY TRIAL) Motions in limine must be filed as separate pleadings and responded to in accordance with the instructions contained in the Order Setting Final Pretrial Conference. I. LIST OF PENDING MOTIONS List all pending motions. J. PROCEDURES FOR EXPEDITING TRIAL The parties must discuss and report on all available procedures that might be used to expedite trial, including but not limited to: (a) presenting stipulated summaries of deposition testimony rather than reading deposition excerpts; (b) editing videotaped depositions to limit the amount of time required for presentation; (c) using summary exhibits in place of voluminous documentary evidence; (d) stipulations on authenticity and foundation; (e) presenting direct expert testimony through summary or written reports; and (f) using the courtroom technology to expedite the presentation of evidence. The parties - 4 - may contact Robyn Tennison at 602-322-7680 to arrange a time to visit the courtroom and examine its technology. Information about courtroom technology can also be found at www.azd.uscourts.gov under “Judges’ Information/Orders, Forms & Procedures/Courtroom Technology.” K. ESTIMATED LENGTH OF TRIAL ____ hours for opening statements and closing arguments ____ hours for Plaintiff(s) case ____ hours for Defendant(s) case ____ hours for rebuttal L. JURY DEMAND State whether a jury trial has or has not been requested. If a jury trial has been requested, indicate the appropriate selection: 1. 2. The parties stipulate that the request was timely and properly made; The Plaintiff/Defendant contends that the request was untimely made because . . . (explain why request was untimely); or 3. The Plaintiff/Defendant contends that although the request for trial by jury was timely, the request is otherwise improper as a matter of law because (indicate the legal basis for why a jury trial is improper). M. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BENCH TRIALS Proposed Findings of Fact and Conclusions of Law shall be lodged by each party as a document pleading in accordance with the instructions contained in the Order Setting Final Pretrial Conference. The parties must include the following text in this section of the Proposed Final Pretrial Order: “The separately lodged Proposed Findings of Fact and Conclusions of Law are incorporated by reference into this Proposed Final 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 - 5 - 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 N. JOINT PROPOSED JURY INSTRUCTIONS, JOINT PROPOSED VOIR DIRE QUESTIONS, AND PROPOSED FORMS OF VERDICT FOR JURY TRIALS The joint Proposed Jury Instructions, joint Proposed Voir Dire Questions, and Proposed Forms of Verdict shall be filed in accordance with the instructions contained in the Order Setting Final Pretrial Conference. O. CERTIFICATIONS The parties shall include the following text in this section of the Proposed Final Pretrial Order: The undersigned counsel for each of the parties in this action do hereby certify and acknowledge the following matters. 1. All discovery has been completed. 2. The identity of each witness has been disclosed to opposing counsel. 3. Each exhibit listed: (1) is in existence; (2) is numbered; and (3) has been disclosed and shown to opposing counsel. 4. The parties have complied in all respects with the mandates of the Court’s Rule 16 Scheduling Order and Order Setting Final Pretrial Conference. 5. The parties have made all of the disclosures required by the Federal Rules of Civil Procedure (unless otherwise previously ordered to the contrary). 6. The parties acknowledge that once this Proposed Final Pretrial Order has been signed and lodged by the parties, no amendments to this Order can be made without leave of Court. __________________________________ _________________________________ Attorney for Plaintiff(s) Attorney for Defendant(s) - 6 - Based on the foregoing, IT IS ORDERED that this Proposed Final Pretrial Order jointly submitted by the parties is hereby APPROVED and ADOPTED as the official Pretrial Order of this 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 - 7 -
=== Settlement Conference 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(s), Defendant(s). No. SETTLEMENT CONFERENCE ORDER This case has been referred to United States Magistrate Judge Michael T. Morrissey for a Settlement Conference. Rule 408 of the Federal Rules of Evidence applies to all aspects of the Settlement Conference. All communications and information exchanged during the settlement process, not otherwise discoverable, will not be admissible in evidence for any purpose. All matters communicated expressly in confidence to the Court during the Settlement Conference will be kept confidential and will not be disclosed to any other party absent express consent to do so. At the conclusion of the Settlement Conference, all documents submitted by the parties will be returned, destroyed or otherwise disposed of in the manner directed by the Court. Pursuant to Rule 16 of the Federal Rules of Civil Procedure and 28 U.S.C. §473(b)(5), IT IS ORDERED that all parties and, if represented, their counsel, shall physically appear before United States Magistrate Michael T. Morrissey, in Courtroom _______, Sandra Day O’Connor U.S. Courthouse, 401 West Washington Street, Phoenix, 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 Arizona, on _________ at ___________. The Conference will continue until either the case settles or the parties are no longer making meaningful progress. Prior to the Settlement Conference, the parties must negotiate and make a good faith effort to settle the case without the Court’s involvement. Plaintiff must deliver a written settlement demand to Defendant at least fourteen days before the Settlement Conference. Defendant must deliver a written response to Plaintiff at least seven days before the Settlement Conference. Prior to the Settlement Conference, the Court may contact counsel for each party individually to schedule separate conference calls. During these conference calls, the Court will discuss the status of settlement and any matters to facilitate the Settlement Conference. Each party must provide the Court with a Confidential Settlement Conference Memorandum at least seven days before the Settlement Conference. The parties may include with their Memoranda copies of exhibits they would like the Court to review prior to the Settlement Conference. However, the parties shall not include copies of any pleadings or other documents for review that were previously submitted to the Court and are already part of the record. The parties shall instead direct the Court to the location of any such pleadings or documents. Each party’s Confidential Settlement Conference Memorandum must not exceed five pages exclusive of attachments and must contain the following information: 1. 2. 3. A brief statement of the facts of the case; An analysis of the claims or defenses as appropriate for the party, including citation to appropriate authorities, a forthright evaluation of the parties’ likelihood of prevailing on the claims and defenses, and a description of the major issues in dispute; A summary of the proceedings to date, including rulings on motions, pending motions, and the status of discovery; 4. Whether there are distinct or dominant issues which, if resolved, would likely aid in the disposition of the case; 5. An estimate of the fees and costs incurred to date, as well as an estimate of the fees and costs to be expended for further discovery, dispositive motions, and trial; 6. A reasonable estimate of Plaintiff’s alleged damages; - 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 7. 8. 9. A summary of prior settlement discussions and offers; Each party’s current position on settlement; and Any other information that the parties believe would help the Court facilitate the Settlement Conference. The parties may deliver their Memoranda directly to chambers (Sandra Day O’Connor United States Courthouse, 401 West Washington Street, Phoenix, Arizona, 85003, Suite 321) or submit them by electronic mail ([email protected]). However, if a party’s Memorandum with any exhibits exceeds twenty-five pages, the party must deliver a hard copy to chambers. The parties shall not file their Confidential Settlement Conference Memoranda with the Clerk of the Court. The parties also shall not exchange their Confidential Settlement Conference Memoranda. Counsel who will be responsible for trial of the lawsuit for each party shall personally appear and participate in the Settlement Conference. In addition, representatives of the parties with full and binding authority to dismiss and settle the case must be physically present unless expressly excused for good cause by timely motion and an order issued prior to the Settlement Conference. If a party is an insured party, a representative of that party’s insurer with full and binding authority to discuss and settle the case must physically appear at the Settlement Conference. Counsel and any unrepresented party shall notify the Court in writing at least five business days before the Settlement Conference if one or more of the attorneys or unrepresented parties believe that the Settlement Conference would be futile because, for example, a party or insurer has adopted a position from which they refuse to deviate. The Court will arrange a telephonic conference with counsel and any unrepresented party as soon as possible. If the Court is not notified by either party that a Settlement Conference would be futile, the Court will presume that all counsel, their clients, and any unrepresented party believe that there is a reasonable, good faith opportunity for settlement. Absent good cause, if any party, counsel, or representative fails to promptly appear - 3 - at the Settlement Conference, fails to comply with the terms of this Order, is substantially unprepared to meaningfully participate in the Settlement Conference, or fails to participate in good faith in the Settlement Conference, the Court may impose sanctions pursuant to Rules 16(f) and 37(b)(2) of the Federal Rules of Civil Procedure. 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 - 4 -
=== Trial Conduct and Decorum ===
TRIAL CONDUCT AND DECORUM Magistrate Judge Michael T. Morrissey The purpose of this protocol is to emphasize, not 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. This protocol is also intended to promote efficient and orderly fact-finding. Your compliance is 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. At the final pretrial conference, give the magistrate courtroom clerk (clerk) and judge the caption of the case, the names and addresses of all persons at counsel table, and all witnesses to be called. 3. Stand and do not pace when addressing the judge, jury, or witnesses. 4. Stand at the lectern at all times when addressing witnesses. Except upon express permission from the Court, all communications with the Court must be made from counsel table or from the lectern. Counsel shall not approach opposing counsel, the bench, a witness, the court reporter’s table, or the clerk’s desk without the Court’s permission. 5. Do not appeal to emotion or prejudice during opening statement to a jury. Confine yourself to a concise summary of the important facts that you expect to prove or your position on facts the opposition has undertaken to prove. 6. Exhibits: (a) Court time may not be used for marking exhibits. This must be done before the court session. (b) Provide copies of exhibits for the judge at the start of the trial. (c) Counsel shall arrange with the clerk for the use of chalkboards, tripods, video recorders, overheads, or other visual aids sufficiently in advance so they may be set up when 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 opposing counsel before being offered. (f) Hand all papers intended for the Court or witness to the clerk who will pass them to the judge or witness. (g) If you intend to question a witness about a group of documents, make an attempt to have all of the documents in front of the witness when you start the examination. (h) Do not offer entire depositions; offer only relevant, redacted portions of the transcript and comply with Rule 32 of the Federal Rules of Civil Procedure. Plaintiff must highlight in yellow those portions of the transcript it wishes to offer. Defendant must highlight in blue those portions of the transcript it wishes to offer. 7. Witnesses: (a) Only one attorney for each party may examine or cross-examine a witness. The attorney stating objections during direct examination will be the attorney who conducts 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) When examining a witness, counsel should avoid repeating or echoing the witness’ previous testimony or answers. (d) The examination and cross-examination of each witness must be limited to questions addressed to the witness. Counsel shall refrain from making statements, comments or remarks before asking a question after a question has been answered. (e) Counsel shall admonish all persons at counsel table that gestures, facial expressions, audible comments, or the like, which manifest approval or disapproval during the testimony of witnesses, or at any other time, are prohibited. 8. Objections are limited to stating “objection” and the basis for the objection (“objection, leading”) or the number of the Federal Rules of Evidence relied upon (“Objection, Rule 403”). Do not explain or argue the grounds for objections in the presence of the jury unless asked to do so by the judge. 9. Address all remarks to the judge, not opposing counsel, and do not make disparaging or acrimonious remarks toward opposing counsel or witnesses. 10. Gum chewing, eating, and reading are prohibited while court is in session. Cellular telephones and other noise-making electronic devices must be turned off while in court generally and when court is in session. 11. Counsel should anticipate problems that may arise during trial and address them with the Court and opposing counsel outside of the jury’s presence. 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 a mistrial) in the presence of the jury. Such matters may be raised at recess. 13. hearing of the jury. Offer of, or request for, a stipulation should be made privately, not within the 14. Professionalism and civility are not aspirational but mandatory in this courtroom.
=== Waiver of Appearance ===
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 United States of America, No. CR- Plaintiff, v. Defendant. WAIVER OF PERSONAL APPEARANCE AT ARRAIGNMENT ENTRY OF NOT GUILTY PLEA ACCEPTANCE OF WAIVER [RULE 10(B), Fed. R. Crim. P.] Defendant’s attorney avows that counsel has discussed all the following with Defendant, and both Defendant and Defendant’s attorney agree: (1) Defendant’s attorney has provided and reviewed with the Defendant a copy of the Indictment, Superseding Indictment, or Information; (2) Defendant’s attorney has explained to the Defendant the nature and substance of the charge(s), the maximum penalties applicable to the charge(s), and Defendant’s constitutional rights; (3) Defendant understands there is a right to appear personally at the arraignment to be advised of the charge(s). Defendant also understands that the execution of this waiver results in a waiver of the right to appear at the arraignment; (4) Defendant’s attorney is authorized to appear either telephonically or in person at the arraignment on behalf of the Defendant. Defendant’s attorney shall enter a plea of not guilty at the arraignment on Defendant’s behalf. Date:_____________________ _________________________________ Attorney for Defendant 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 Defendant, having conferred with counsel, waives personal appearance and the reading of the Indictment at arraignment in this case. Defendant's true and correct name is listed in the Indictment/Information. Defendant understands the nature of the charge(s) and his constitutional rights. Defendant authorizes the entry of a not guilty plea on behalf of Defendant. Counsel may appear either telephonically or in person at Defendant’s arraignment. Date:_____Date:__________ __________________________ _ _________________________________ Defendant The Court accepts “Waiver of Defendant’s Appearance at Arraignment” and enters a plea of “Not Guilty” for the Defendant. Date: ____________________ ____________________________________ United States Magistrate Judge This completed form must be submitted at least three business days prior to the Arraignment, and an Acknowledgment form must be filed within 15 days after the arraignment. - 2 -
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