Hon. John J Tuchi · U.S. District Court for the District of Arizona
=== Civil 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 ______________________________, No. CV-___________________-JJT Plaintiff, v. ______________________________, Defendant. JOINT PROPOSED PRETRIAL ORDER The following is the form of Joint Proposed Pretrial Order to be considered at the Final Pretrial Conference set for ______________________________, at ________________________ (Arizona Time) before Judge Tuchi. 1. TRIAL COUNSEL FOR THE PARTIES Include mailing address, office phone and fax numbers. Plaintiff(s): Defendant(s): 2. STATEMENT OF JURISDICTION/VENUE Cite the statute(s) or rule(s) that give(s) this Court jurisdiction and proper venue. (E.g., Jurisdiction in this case is based on diversity of citizenship under 28 U.S.C. § 1332.) 3. NATURE OF ACTION Provide a concise statement (no more than one page) of the kind of case, the cause of action, and the relief sought. (E.g., This is a products liability case in which the plaintiff seeks damages for personal injuries sustained when he fell from the driver’s seat of a forklift. The plaintiff contends that the forklift was defectively designed and manufactured by the defendant and that the defects were a producing cause of his injuries and damages.) 4. STIPULATIONS AND UNDISPUTED FACTS 5. WITNESSES Provide a separate list for each party of all witnesses (including experts) whom the party will call in person or through deposition, except witnesses who may be called only for impeachment. If a witness will appear by deposition only, the party calling the witness will give notice of the specific passages the party proposes to be read to all other parties on or before the date the Joint Proposed Pretrial Order is to be filed. (Do not include deposition pages in the Joint Proposed Pretrial Order.) 6. EXHIBITS Each party must submit with this Joint Proposed Pretrial Order a list of numbered exhibits, with a description of each containing sufficient information to identify the exhibit. Document admissibility issues should be resolved by stipulation before trial. The parties should work with the clerk to mark all exhibits directly into evidence unless a good faith objection will be raised at trial. 7. INFORMATION FOR COURT REPORTER In order to facilitate the creation of an accurate record, please file a “Notice to Court Reporter” one week before trial containing the following information that may be used at trial: 1. 2. 3. 4. 5. Proper names, including those of witnesses. Acronyms. Geographic locations. Technical (including medical) terms, names or jargon. Case names and citations. 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 - APPROVED AS TO FORM AND CONTENT: Attorney for Plaintiff(s) Attorney for Defendant(s) 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 - 3 -
=== Courtroom Protocol ===
COURTROOM PROTOCOL John J. Tuchi United States District Judge STAND AT PODIUM when addressing court, jury or witnesses during trial or any contested hearing STAND when making objections ASK Court for permission to approach the witness ASK that the Clerk be permitted to HAND an exhibit to a witness ADDRESS all remarks to Court, not opposing counsel TURN OFF beepers, cell phones, Blackberries, etc. SEEK PERMISSION (and help if needed) to use courtroom audio visual equipment NO food of any kind, gum chewing, or liquids (other than water). (Ensure that your staff, clients and witnesses abide by these requirements)
=== Criminal Order of Referral ===
. ,. / ~ FILED _RECEIVED _COPY LODGED _ JUN 0 6 2014 CLERK U S DISTRICT OOURT DISTRICT OF ARIZoNA DEPUTY BY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 1 2 3 4 5 6 7 8 9 In the Matter of 10 Change of Plea Hearings, Admit/Deny) ORDER Hearings on Petitions for Revocation of) 11 Probation, and Admit/Deny Hearings on) Petitions for Revocation of Supervised _________________________ ) 12 Release. 13 14 Pursuant to LRCrim 57.6, I hereby refer the following proceedings to a United States 15 Magistrate Judge for hearing and preparation of findings and recommendations: 16 17 18 19 20 Change of Plea Hearings Admit/Deny Hearings on Petitions for Revocation of Probation Admit/Deny Hearings on Petitions for Revocation of Supervised Release Evidentiary hearings on petitions to revoke probation or supervised release As to change of plea hearings, the Magistrate Judge is to administer the allocution 21 pursuant to Rule 11, Fed.R.Crim.P .. The Magistrate Judge shall make findings as follows 22 regarding change of plea hearings or admission hearings on petitions to revoke: 23 Whether defendant (1) is competent to enter a plea or admission; (2) knowingly and 24 voluntarily wishes to enter a plea or admission to the charges(s) or allegation(s); (3) 25 understands the charge(s) or allegation(s); (4) whether there exists a factual basis for the 26 charge(s) or allegation(s). After a plea or admission, the Magistrate Judge shall make a 27 recommendation whether the plea of guilty or the admission should be accepted by the 28 District Court. 1 As to evidentiary hearings on petitions to revoke probation or supervised release, the 2 Magistrate Judge shall make the appropriate findings and recommendations and submit the 3 necessary Report and Recommendation to the District Court. 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 DATED this 6f~ day of June, 2014. John J. Tuchi U ited States District Judge - 2 -
=== Discovery Disputes ===
Discovery Disputes Judge John J. Tuchi ❖ ❖ ❖ ❖ ❖ ❖ The parties shall not file written discovery motions without leave of the Court. Except during a deposition, if a discovery dispute arises and cannot be resolved despite sincere efforts to resolve the matter through personal consultation (in person or by telephone), the parties shall jointly file • • a brief written summary of the dispute, not to exceed one page per side, with an explanation of the position taken by each side; and a joint written certification that counsel or the parties have attempted to resolve the matter through personal consultation and sincere effort as required by Local Rule of Civil Procedure (LRCiv) 7.2(j) and have reached an impasse. If the opposing party has refused to personally consult, the party seeking relief shall describe the efforts made to obtain personal consultation. Upon review of the filed written summary of the dispute, the Court may set a telephonic conference, order written briefing, or decide the dispute without conference or briefing. Any briefing ordered by the Court shall also comply with LRCiv 7.2(j). If a discovery dispute arises in the course of a deposition and requires an immediate ruling of the Court—a circumstance that should be exceedingly rare—the parties shall jointly contact the Court telephonically. • any hearing is subject to the Court’s availability as all hearings are done on the record with a Courtroom Deputy and Court Reporter on hand. ❖ The Court will not entertain discovery disputes after the close of discovery absent truly extraordinary circumstances.
=== Exhibit Procedures ===
EXHIBITS - MARKING, LISTING AND CUSTODY for United States District Judge John J. Tuchi 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 Tuchi 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. Julie Martinez Courtroom Deputy to Judge John. J. Tuchi (602) 322-7243 [email protected] 4 CASE NO. VS. PLAINTIFF’S EXHIBIT DATE: IDEN. DATE: EVID. BY: Deputy Clerk 5 CASE NO. VS. DEFENDANT’S EXHIBIT DATE: IDEN. DATE: EVID. BY: Deputy Clerk 6
=== Guidelines for Jury Instructions in Civil Cases ===
GUIDELINES FOR JURY INSTRUCTIONS IN CIVIL CASES Judge John J. Tuchi The parties shall submit a joint list of proposed jury instructions. The list shall contain four sections. 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 > Orders, Forms & Procedures. If a model instruction is requested by both parties, the instruction shall be preceded by “ST” (Stipulated To). If the instruction is requested by only one party, the instruction shall be preceded by either “PL” (Plaintiff) or “DF” (Defendant).1 If a standard instruction is modified, add “[Modified]” after the description. Modifications shall be underlined in the text of the instruction for easy identification. The jury instructions shall also be grouped as to “Preliminary,” “During Trial,” and “End of Trial.” For example: PRELIMINARY INSTRUCTIONS ST § 1.4 ST DF ST § 1.5 § 1.8 § 1.9 Duty of Jury (Court reads and Provides Written Instructions at End of Case) Claims and Defenses [Modified] Two or More Parties - Different Legal Rights Consideration of Evidence – Conduct of the Jury DURING TRIAL INSTRUCTIONS DF PL DF DF END OF TRIAL INSTRUCTIONS § 1.11 § 1.14 § 2.8 § 2.13 Evidence for Limited Purpose [Modified] Credibility of Witnesses Foreign Language Testimony Expert Opinion ST ST DF PL § 2.14 § 2.15 § 2.19 § 5.3 Charts and Summaries Not Received in Evidence Charts and Summaries in Evidence Impeachment Evidence – Witness Damages – Mitigation The parties shall include the full text of all model instructions both in the filed joint pleading and MS-Word version emailed to chambers at [email protected] . Section II shall contain any non-model instructions to which the parties have stipulated. 1If multiple Defendants, identify which Defendant. Section III Section IV shall contain any non-model instructions requested by Plaintiff (numbered consecutively, e.g. Plaintiff No. 1, No. 2, etc.). Plaintiff shall include citation to authority to support the requested instruction. Defendant shall state all objections to such 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. shall contain any non-model instructions requested by Defendant (numbered consecutively, e.g. Defendant No. 1, No. 2, etc.). Defendant shall include citation to authority to support 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 pleading 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.
=== Notice to Court Reporter ===
Notice to Court Reporter In order to facilitate the creation of a more accurate real-time record for Judge Tuchi, and counsel if requested, and pursuant to Judge Tuchi’s standing order, counsel shall provide a "Notice to Court Reporter" no less than one week prior to any oral argument, hearing, or trial containing the following information that may be used during the oral argument, hearing, or trial: 1. Proper names, including those of witnesses. 2. Acronyms. 3. Geographic locations. 4. Technical terms, names or jargon. 5. Table of authorities, in alphabetical order, which includes all of the authorities on which the parties will rely at said oral argument, hearing, and/or trial. This Notice to Court Reporter need not be filed but shall be provided via email to Scott Coniam, [email protected]. 602-322-7257. Counsel will advise Judge Tuchi’s Court Reporter if counsel would like to receive a real-time feed or daily turnaround transcript during any of the proceedings as soon as possible in order to ensure the proper paperwork is in place and arrangements made for a real-time test run before the actual proceeding. No real-time feed will be facilitated the day of trial.
=== Order Setting Final Pretrial Conference (Criminal) ===
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. Click here to enter text. Plaintiff, v. Click here to enter text., Defendant. ORDER SETTING FINAL PRETRIAL CONFERENCE (CRIMINAL) A Final Pretrial Conference has been set for Click here to enter a date. at Click here to enter text. a.m./p.m. IT IS ORDERED that the parties shall file with the Clerk of the Court the following documents five (5) business days before the Final Pretrial Conference1: (1) (2) (3) (4) (5) Joint statement of the case, Joint witness list, Joint voir dire questions, Joint jury instructions Joint verdict form, (6) Motions in limine, (7) Any other pretrial motions. 1 A copy of the documents shall be delivered to the Court and shall be three-hole punched on the left side of the page. 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 Responses to motions in limine and other pretrial motions shall be filed with the Clerk of the Court three (3) business days before the Final Pretrial Conference. No Replies shall be filed. IT IS FURTHER ORDERED that the attorneys who will be responsible for the trial, as well as the Defendant, shall attend the Final Pretrial Conference. Counsel shall bring their calendars so that trial scheduling can be discussed. Counsel shall be prepared to discuss each of the items set forth above, as well as the following: (8) Trial schedule, (9) Voir dire procedures, (10) Number of witnesses, (11) Number of exhibits, (12) Marking of exhibits and copies for the court, (13) Special equipment needs, (14) Need for an interpreter. IT IS FURTHER ORDERED that the parties shall submit their proposed voir dire questions, joint statement of the case, and jury instructions to the Court in Word format by email to [email protected]. IT IS FURTHER ORDERED that the parties shall promptly notify the Court if settlement is reached. IT IS FURTHER ORDERED that counsel shall review Judge Tuchi’s statements of 1) Courtroom Protocol and 2) 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’ Information and Orders, Forms and Procedures. - 2 -
=== Protective 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 EXAMPLE: PROTECTIVE ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA v. Plaintiff, Defendant. No. PROTECTIVE ORDER The Court recognizes that many of the documents and much of the information (“Materials” as defined herein) being sought through discovery in the above-captioned action are, for competitive reasons, normally kept confidential by the parties. The Materials to be exchanged throughout the course of the litigation between the parties may contain trade secret or other confidential research, development, or commercial information, as is contemplated by Federal Rule of Civil Procedure 26(c)(1)(G). The parties have agreed to be bound by the terms of this Protective Order (“Order”) in this action to facilitate the document production and disclosure, and protect the respective interests of the parties in their trade secrets and/or confidential information. This Order shall remain in effect unless modified pursuant to the terms contained in this Order. IT IS THEREFORE ORDERED THAT, The following Definitions shall apply in this Order: A. The term “Confidential Information” will mean and include information contained or disclosed in any materials, including documents, portions of documents, answers to interrogatories, responses to requests for admissions, trial testimony, deposition testimony, and transcripts of trial testimony and depositions, including data, summaries, 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 and compilations derived therefrom that is deemed to be Confidential Information by any party to which it belongs. B. The term “Materials” will include, but is not be limited to: documents; correspondence; memoranda; financial information; email; specifications; marketing plans; marketing budgets; customer information; materials that identify customers or potential customers; price lists or schedules or other matter identifying pricing; minutes; letters; statements; cancelled checks; contracts; invoices; drafts; books of account; worksheets; forecasts; notes of conversations; desk diaries; appointment books; expense accounts; recordings; photographs; motion pictures; sketches; drawings; notes of discussions with third parties; other notes; business reports; instructions; disclosures; other writings; records of website development; and internet archives. C. The term “Counsel” will mean outside counsel of record, and other attorneys, paralegals, secretaries, and other support staff employed in the following law firms: _______________________________________. The following provisions shall apply in this litigation: 1. Each party to this litigation that produces or discloses any Materials, answers to interrogatories, responses to requests for admission, trial testimony, deposition testimony, and transcripts of trial testimony and depositions, or information that the producing party believes should be subject to this Protective Order may designate the same as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY.” (a) Designation as “CONFIDENTIAL”: Any party may designate information as “CONFIDENTIAL” only if, in the good faith belief of such party and its Counsel, the unrestricted disclosure of such information could be harmful to the business or operations of such party. (b) Designation as “CONFIDENTIAL – FOR COUNSEL ONLY”: Any party may designate information as “CONFIDENTIAL – FOR - 2 - COUNSEL ONLY” only if, in the good faith belief of such party and its Counsel, the information is among that considered to be most sensitive by the party, including but not limited to trade secret or other confidential research, development, financial, customer related data or other commercial information. 2. In the event the producing party elects to produce Materials for inspection, no marking need be made by the producing party in advance of the initial inspection. For purposes of the initial inspection, all Materials produced will be considered as “CONFIDENTIAL – FOR COUNSEL ONLY,” and must be treated as such pursuant to the terms of this Order. Thereafter, upon selection of specified Materials for copying by the inspecting party, the producing party must, within a reasonable time prior to producing those Materials to the inspecting party, mark the copies of those Materials that contain Confidential Information with the appropriate confidentiality marking. 3. Whenever a deposition taken on behalf of any party involves the disclosure of Confidential Information of any party: (a) the deposition or portions of the deposition must be designated as containing Confidential Information subject to the provisions of this Order; such designation must be made on the record whenever possible, but a party may designate portions of depositions as containing Confidential Information after transcription of the proceedings; a party will have until thirty (30) days after receipt of the deposition transcript to inform the other party or parties to the action of the portions of the transcript to be designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY.” (b) the disclosing party will have the right to exclude from attendance at the deposition, during such time as the Confidential Information is to be disclosed, any person other than the deponent, Counsel (including 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 - their staff and associates), the court reporter, and the person(s) agreed upon pursuant to paragraph 8, below; and (c) The originals of the deposition transcripts and all copies of the deposition must bear the legend “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY,” as appropriate, and the original or any copy ultimately presented to a court for filing must not be filed unless it can be accomplished under seal, identified as being subject to this Order, and protected from being opened except by order of this Court. 4. All Confidential Information designated as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” must not be disclosed by the receiving party to anyone other than those persons designated within this Order and must be handled in the manner set forth below, and in any event, must not be used for any purpose other than in connection with this litigation, unless and until such designation is removed either by agreement of the parties, or by order of the Court. 5. Information designated “CONFIDENTIAL – FOR COUNSEL ONLY” may be viewed only by: (a) (b) Counsel (as defined in paragraph C, above) of the receiving party; Independent experts and stenographic and clerical employees associated with such experts. Prior to receiving any Confidential Information of the producing party, the expert must execute a copy of the “Agreement to Be Bound by Stipulated Protective Order,” attached hereto as Exhibit A. Counsel for the receiving party must retain executed copies of such exhibits; (c) The Court and any Court staff and administrative personnel; (d) Any court reporter employed in this litigation and acting in that capacity; and 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 - 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 (e) Any person indicated on the face of the document to be its author or co-author, or any person identified on the face of the document as one to whom a copy of such document was sent before its production in this action. 6. Information designated “CONFIDENTIAL” may be viewed only by the individuals listed in paragraph 5, above, and by the additional individuals listed below: (a) Party principals or executives who are required to participate in policy decisions with reference to this action; (b) Technical personnel of the parties with whom Counsel for the parties find it necessary to consult, in the discretion of such Counsel, in preparation for trial of this action; and (c) Stenographic and clerical employees associated with the individuals identified above. 7. All information that has been designated as “CONFIDENTIAL – FOR COUNSEL ONLY” by the producing or disclosing party, and any and all reproductions of that information, must be retained in the custody of the Counsel for the receiving party, except that independent experts authorized to view such information under the terms of this Order may retain custody of copies such as are necessary for their participation in this litigation, but only during the course of this litigation. The principals, employees or other agents of the parties who received information prior to and apart from this litigation that was subsequently disclosed in this litigation as being either “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” may also retain copies of that information as is necessary for use in their respective businesses. 8. Before any Materials produced in discovery, answers to interrogatories, responses to requests for admissions, deposition transcripts, or other documents which are designated as Confidential Information are filed with the Court for any purpose, the party seeking to file such material must seek permission of the Court to file the material under seal. Nothing in this order shall be construed as automatically permitting a party to file - 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 under seal. The party seeking leave of Court shall show “compelling reasons” (where the motion is more than tangentially related to the merits of the case) or “good cause” for filing under seal. See Ctr. For Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). Additionally, such party seeking to file under seal shall, within the applicable deadline, file a redacted, unsealed version of any motion, response or reply if such party is waiting for a ruling from the Court on filing an unredacted, sealed version of the same document.1 Further, no portion of the trial of the matter shall be conducted under seal. 9. Confidential Information and Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” shall be used solely for the prosecution or defense of this action. A party who wishes to use Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” for a purpose other than the prosecution or defense of this action must request permission, in writing, from Counsel for the producing party. The receiving party’s request must identify the Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” that the receiving party wishes to use, and identify the purpose for which it wishes to use Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY.” If the parties cannot resolve the question of whether the receiving party can use Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” for a purpose other than the prosecution or defense of this action within fourteen (14) days of the producing party’s receipt of such a request, the receiving party may move the Court for a ruling on the receiving party’s request. In the event any party files a motion seeking to use Confidential Information and/or Materials designated 1 If a party wishes to use the opposing party’s confidential designations to support or oppose a motion, the opposing party bears the burden to show “compelling reasons.” In the event the party wishing to use the confidential information anticipates this scenario arising, the party shall follow the procedures set forth on the Court’s website (www.azd.uscourts.gov) and follow links to Judge Tuchi’s form for “Discovery Disputes” and consistent with the terms of the Court’s Rule 16 Scheduling Order. Any such action must be initiated at least fourteen (14) days before the due date of the filing in which the party wishes to reference the information. - 6 - 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 “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” for a purpose other than the prosecution or defense of this action, the Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” shall be submitted to the Court, under seal, for an in-camera inspection. Any Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” at issue must be treated as Confidential Information, as designated by the producing party, until the Court has ruled on the motion or the matter has been otherwise resolved. 10. At any stage of these proceedings, any party may object to a designation of Materials as Confidential Information. The party objecting to confidentiality must notify, in writing, Counsel for the producing party of the objected-to Materials and the grounds for the objection. If the dispute is not resolved consensually between the parties within fourteen (14) days of receipt of such a notice of objections, the objecting party may move the Court for a ruling on the objection. In the event any party files a motion challenging the designation or redaction of information, the document shall be submitted to the Court, under seal, for an in-camera inspection. The Materials at issue must be treated as Confidential Information, as designated by the producing party, until the Court has ruled on the objection or the matter has been otherwise resolved. 11. At any stage of these proceedings, any party may request that it be permitted to disclose Materials designated as Confidential Information to individuals not permitted by this Order to view such Materials. The party must notify, in writing, Counsel for the producing party of the identity of the relevant Materials and the individuals to whom the party wishes to disclose the Materials. If the request is not resolved consensually between the parties within fourteen (14) days of receipt of such a request, the requesting party may move the Court for a ruling allowing such disclosure. In the event any party files a motion requesting such disclosure, the document shall be submitted to the Court, under seal, for an in-camera inspection. The Materials at issue must be treated as Confidential Information, as designated by the producing party, until the Court has ruled on the request. - 7 - 12. All Confidential Information must be held in confidence by those inspecting or receiving it. To the extent the Confidential Information has not been disclosed prior to and apart from this litigation, it must be used only for purposes of this action. If the Confidential Information was exchanged between the parties prior to and apart from this litigation for purposes of conducting their respective businesses, the parties may continue to use that otherwise Confidential Information for that purpose. The parties may not distribute the Confidential Information beyond those persons or entities that had received the Confidential Information prior to this litigation. In addition, counsel for each party, and each person receiving Confidential Information, must take reasonable precautions to prevent the unauthorized or inadvertent disclosure of such information. If Confidential Information is disclosed to any person other than a person authorized by this Order, the party responsible for the unauthorized disclosure must immediately bring all pertinent facts relating to the unauthorized disclosure to the attention of the other parties and, without prejudice to any rights and remedies of the other parties, make every effort to prevent further disclosure by the party and by the person(s) receiving the unauthorized disclosure. 13. No party will be responsible to another party for disclosure of Confidential Information under this Order if the information in question is not labeled or otherwise identified as such in accordance with this Order. 14. If a party, through inadvertence, produces any Confidential Information without labeling or marking or otherwise designating it as such in accordance with this Order, the producing party may give written notice to the receiving party that the Materials produced are deemed Confidential Information, and that the Materials produced should be treated as such in accordance with that designation under this Order. The receiving party must treat the Materials as confidential, once the producing party so notifies the receiving party. If the receiving party has disclosed the Materials before receiving the designation, the receiving party must notify the producing party in writing of each such disclosure. Counsel for the parties will agree on a mutually acceptable manner of labeling or marking 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 - 8 - 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 the inadvertently produced Materials as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” – SUBJECT TO PROTECTIVE ORDER. 15. Nothing within this Order will prejudice the right of any party to object to the production of any discovery material on the grounds that the material is protected as privileged or as attorney work product. 16. Nothing in this Order will bar Counsel from rendering advice to their clients with respect to this litigation and, in the course thereof, relying upon any information designated as Confidential Information, provided that the contents of the information must not be disclosed. 17. This Order will be without prejudice to the right of any party to oppose production of any information for lack of relevance or any other ground other than the mere presence of Confidential Information. The existence of this Order must not be used by either party as a basis for discovery that is otherwise improper under the Federal Rules of Civil Procedure. 18. Information designated Confidential pursuant to this Order also may be disclosed if: (a) the party or non-party making the designation consents to such disclosure; (b) the Court, after notice to all affected persons, allows such disclosure; or (c) the party to whom Confidential Information has been produced thereafter becomes obligated to disclose the information in response to a lawful subpoena, provided that the subpoenaed party gives prompt notice to Counsel for the party which made the designation, and permits Counsel for that party sufficient time to intervene and seek judicial protection from the enforcement of this subpoena and/or entry of an appropriate protective order in the action in which the subpoena was issued. 19. Nothing in this Confidentiality Order shall limit any producing party’s use of its own documents or shall prevent any producing party from disclosing its own Confidential Information to any person. Such disclosures shall not affect any confidential designation made pursuant to the terms of this Order so long as the disclosure is made in a manner which is reasonably calculated to maintain the confidentiality of the information. - 9 - 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 Nothing in this Order shall prevent or otherwise restrict Counsel from rendering advice to their clients, and in the course thereof, relying on examination of stamped confidential information. 20. Within thirty (30) days of the final termination of this action, including any and all appeals, Counsel for each party must purge all Confidential Information from all machine-readable media on which it resides and must either (a) return all Confidential Information to the party that produced the information, including any copies, excerpts, and summaries of that information, or (b) destroy same. With respect to paper copies, return or destruction of Confidential Information is at the option of the producing party. Notwithstanding the foregoing, Counsel for each party may retain all pleadings, briefs, memoranda, motions, and other documents filed with the Court that refer to or incorporate Confidential Information, and will continue to be bound by this Order with respect to all such retained information, after the conclusion of this litigation. Further, attorney work product Materials that contain Confidential Information need not be destroyed, but, if they are not destroyed, the person in possession of the attorney work product will continue to be bound by this Order with respect to all such retained information, after the conclusion of this litigation. 21. The restrictions and obligations set forth within this Order will not apply to any information that: (a) the parties agree should not be designated Confidential Information; (b) the parties agree, or the Court rules, is already public knowledge; or (c) the parties agree, or the Court rules, has become public knowledge other than as a result of disclosure by the receiving party, its employees, or its agents, in violation of this Order. 22. Any party may designate as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” any Materials that were produced during the course of this action without such designation before the effective date of this Order, as follows: (a) Parties to this action may designate such Materials by sending written notice of such designation, accompanied by copies of the designated Materials bearing the appropriate legend of “CONFIDENTIAL” or - 10 - “CONFIDENTIAL – FOR COUNSEL ONLY” to all other parties in possession or custody of such previously undesignated Materials. Any party receiving such notice and copies of designated Materials pursuant to this subparagraph shall return to the producing party all undesignated copies of such Materials in its custody or possession, or shall affix the appropriate legend to all copies of the designated Materials in its custody or possession. (b) Upon notice of designation pursuant to this paragraph, parties shall also: (i) make no disclosure of such designated Materials or information contained therein except as allowed under this Order; and (ii) take reasonable steps to notify any persons known to have possession of such designated Materials or information of the effect of such designation under this Order. (c) All such designations must be made within thirty (30) days of the date of this Order. 23. Transmission by e-mail or facsimile is acceptable for all notification purposes within this Order. 24. This Order may be modified by agreement of the parties, subject to approval by the Court. 25. The Court may modify the terms and conditions of this Order for good cause, or in the interest of justice, or on its own order at any time in these proceedings. 26. After termination of this action, the provisions of this Order shall continue to be binding, except with respect to those documents and information that became a matter of public record. This Court retains and shall have continuing jurisdiction over the parties and recipients of Confidential Information and Materials designated as confidential for enforcement of the provisions of this Order following termination of this litigation. 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 - 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 - 12 - 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 EXHIBIT A IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA v. Plaintiff, Defendant. No. AGREEMENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER I, __________________________________________, declare and say that: 1. I am employed as _________________________________________ by _____________________________________________________. 2. I have read the Stipulated Protective Order (the “Order”) entered in _________________________ and have received a copy of the Order. 3. I promise that I will use any and all “Confidential” or “Confidential – For Counsel Only” information, as defined in the Order, given to me only in a manner authorized by the Order, and only to assist Counsel in the litigation of this matter. 4. I promise that I will not disclose or discuss such “Confidential” or “Confidential – For Counsel Only” information with anyone other than the persons described in paragraphs 3, 8 and 9 of the Order. 5. I acknowledge that, by signing this agreement, I am subjecting myself to the jurisdiction of the United States District Court for the District of Arizona with respect to the enforcement of the Order. 6. I understand that any disclosure or use of “Confidential” or “Confidential – For Counsel Only” information in any manner contrary to the provisions of the Protective Order may subject me to sanctions for contempt of court. 7. I will return all “Confidential” or “Confidential – For Counsel Only” Materials (as defined in the Order) to the attorney who provided it to me, upon request of that attorney, and I shall not retain any copies of said Materials or any information contained within “Confidential” or “Confidential – For Counsel Only” Materials. I declare under penalty of perjury that the foregoing is true and correct. Date: ____________________ ____________________________ Signature 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 -
=== 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 , No. CV- -JJT Plaintiff(s), RULE 16 SCHEDULING ORDER v. , Defendant(s). Pursuant to the terms of the Joint Proposed Case Management Plan and the representations made by the parties at the Pretrial Scheduling Conference, all parties shall comply with the deadlines established in this Order. IT IS ORDERED as follows: The Court will strictly enforce the deadlines set forth in this Rule 16 Scheduling Order. Furthermore, the Court will not grant extensions to the dispositive motion cutoff date due to case processing problems, discovery disputes, or settlement negotiations. The Federal Rules of Civil Procedure (Fed. R. Civ. P.) in effect on the date Plaintiff(s) filed this lawsuit shall apply to all proceedings concerning this case, except to the extent they are inconsistent with this Order, in which instance the provisions of this Order control. 1. All Initial Disclosures as defined in Fed. R. Civ. P. 26(a), if not already disclosed prior to the Scheduling Conference, shall be made no later than . 2. To satisfy the requirements of Fed. R. Civ. P. 26(a), the parties shall file with the Clerk of the Court a Notice of Initial Disclosure, rather than copies of the actual disclosures. 3. Motions to amend the Complaint and to join additional parties shall be filed no later than . 4. 5. Fact discovery shall be completed by . All parties shall disclose the identity of all persons whom they may call at trial to present evidence under Rules 702, 703, 704, or 705 of the Federal Rules of Evidence (Fed. R. Evid.) no later than __________________________________. All parties shall disclose the identity of all persons providing rebuttal expert testimony no later than __________________________. These disclosures shall be full and complete as required by Fed. R. Civ. P. 26(a)(2)(A)-(C). The disclosures of the identities of all persons whom a party may call at trial to present evidence under Fed. R. Evid. 702, 703, 704, or 705 shall also include all of the disclosures required by Fed. R. Civ. P. 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. No deposition of any expert witness shall occur before the disclosures concerning expert witnesses mandated by this Order are made. Expert reports disclosed under Fed. R. Civ. P. 26(a)(2)(B) must set forth “the testimony the witness is expected to present during direct examination, together with the reasons therefor.” Full and complete disclosures of such testimony are required on or before the dates set forth above; absent truly extraordinary circumstances, parties will not be permitted to supplement their expert reports after these dates. 6. Discovery by interrogatory shall be governed by Fed. R. Civ. P. 33 unless otherwise ordered by the Court. Therefore, there is a limit of twenty-five (25) interrogatories, including discrete subparts. 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 - 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. With regard to responses to requests for admission, requests for production, and interrogatories, the Federal Rules of Civil Procedure do not permit “general” or “global” objections. Accordingly, the Court will neither consider nor rule on objections that are not specific to the individual request propounded. 8. 9. Depositions shall be limited as provided by Fed. R. Civ. P. 30 and 31. The parties shall not file written discovery motions without leave of the Court. Except during a deposition, if a discovery dispute arises and cannot be resolved despite sincere efforts to resolve the matter through personal consultation (in person or by telephone), the parties shall jointly file (1) a brief written summary of the dispute, not to exceed one page per side, with an explanation of the position taken by each side; and (2) a joint written certification that counsel or the parties have attempted to resolve the matter through personal consultation and sincere effort as required by Local Rule of Civil Procedure (LRCiv) 7.2(j) and have reached an impasse. If the opposing party has refused to personally consult, the party seeking relief shall describe the efforts made to obtain personal consultation. Upon review of the filed written summary of the dispute, the Court may set a telephonic conference, order written briefing, or decide the dispute without conference or briefing. Any briefing ordered by the Court shall also comply with LRCiv 7.2(j). If a discovery dispute arises in the course of a deposition and requires an immediate ruling of the Court—a circumstance that should be exceedingly rare—the parties shall jointly contact the Court telephonically. The Court will not entertain discovery disputes after the close of discovery absent truly extraordinary circumstances. 10. All discovery must be completed by , including depositions of parties, witnesses and experts; answers to interrogatories; and supplements to interrogatory answers. This deadline does not alter the duties and obligations imposed on the parties by Fed. R. Civ. P. 26(e). Each party shall conduct discovery in an expeditious manner so as to complete any and all discovery by the deadline. “Complete” includes the time to propound discovery, the time to answer all propounded discovery, the time for the Court to resolve all discovery disputes, and the time for the - 3 - parties to conduct any final discovery necessitated by the Court’s ruling on any discovery disputes. Thus, the Court will view with disfavor any “last minute” or “eleventh hour” discovery activity that leaves insufficient time to undertake additional discovery and requires an extension of the discovery deadline, and, in such an instance, the Court may deny a requested extension, exclude evidence, or impose other sanctions. 11. Although General Order 20-21, dated April 16, 2020, made May 1, 2020, the termination date of the Mandatory Initial Discovery Project ("MIDP") initiated in this District on May 1, 2017, by General Order 17-08, the Court will enforce one aspect of General order 17-08 in this case. With regard to the duty to supplement discovery under Fed. R. Civ. P. 26(e), the parties must supplement initial disclosures as well as responses to other discovery requests within the 30-days-from-discovery-or-revelation deadline set by General Order 17-08 at 3-4 ¶ 8. (See General Order 17-08, as amended July 29, 2020.) 12. The parties must complete all pre-trial disclosures required under Fed. R. Civ. P. 26(a)(3), of all exhibits to be used and all witnesses to be called at trial, on or before so that the parties can complete meaningful discovery necessitated by those disclosures before the discovery deadline. This Order supersedes the “30 days before trial” disclosure deadline contained in Fed. R. Civ. P. 26(a)(3). Therefore, (1) failure to timely supplement responses and disclosures made under Fed. R. Civ. P. 26(a), including witnesses and exhibits for trial; (2) failure to timely supplement responses to any valid discovery requests; and (3) attempts to include witnesses or exhibits in the Joint 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 the District Court, and the inherent power of the Court. 13. Good faith settlement discussions shall be held no later than . 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 - 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 14. All dispositive motions, including Daubert motions,1 shall be filed no later than . A party or parties represented by the same lawyer shall file no more than one motion for summary judgment unless leave of Court is obtained. 15. Any party filing a motion for summary judgment, motion for partial summary judgment, or response thereto, shall not file a statement of facts or controverting statement of facts exceeding 10 pages in length. LRCiv 56.1 is clear that parties’ statements of fact or controverting fact “should include only those facts on which the party relies” in support of the motion or response. 16. All parties are specifically admonished that pursuant to LRCiv 7.2(i), if a motion does not conform in all substantial respects with the requirements of this Local Rule, or if the unrepresented party or counsel does not serve and file the required answering memoranda, or if the unrepresented party or counsel fails to appear at the time and place assigned 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. 17. If no dispositive motions are pending before the Court when the dispositive motion deadline has passed, Plaintiff(s) shall file and serve within ten (10) days of the dispositive motion deadline, a Notice of Readiness for a status conference. If a dispositive motion is filed, the Court will schedule a status conference as necessary upon resolution of the motion. 1 Evidentiary motions made under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). - 5 -
=== Rule 16 Scheduling Order in a Patent Case ===
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- -JJT v. Plaintiff(s), RULE 16 SCHEDULING ORDER IN A PATENT CASE , Defendant(s). Pursuant to the terms of the Joint Proposed Case Management Plan and the representations made by the parties at the Pretrial Scheduling Conference, all parties shall comply with the deadlines established in this Order. IT IS ORDERED as follows: The Court will strictly enforce the deadlines set forth in this Rule 16 Scheduling Order. Furthermore, the Court will not grant extensions to the dispositive motion cutoff date due to case processing problems, discovery disputes, or settlement negotiations. The Federal Rules of Civil Procedure (Fed. R. Civ. P.) in effect on the date Plaintiff(s) filed this lawsuit shall apply to all proceedings concerning this case, except to the extent they are inconsistent with this Order, in which instance the provisions of this Order control. 1. All Initial Disclosures as defined in Fed. R. Civ. P. 26(a), if not already disclosed prior to the Scheduling Conference, shall be made no later than . 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. To satisfy the requirements of Fed. R. Civ. P. 26(a), the parties shall file with the Clerk of the Court a Notice of Initial Disclosure, rather than copies of the actual disclosures. 3. Motions to amend the Complaint and to join additional parties shall be filed no later than . 4. This case includes a claim of patent infringement, and the Court must construe the meaning of the terms used in the asserted patent claims as a matter of law, pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370, 372 (1996). To help focus the Court’s efforts at the hearing, the Court will require Plaintiff to disclose its infringement contentions and Defendant to disclose any invalidity contentions prior to the hearing. (See, e.g., Patent Local Rules ¶¶ 3-1, 3-3 (N.D. Cal. 2023).) Briefing for the claim construction shall be completed as follows: Event Deadline Service of Initial Infringement Contentions Service of Initial Noninfringement, Unenforceability and Invalidity Contentions Service of Response to Noninfringement, Unenforceability and Invalidity Contentions Deadline to Supplement Infringement, Enforceability and Validity Contentions without leave of Court Exchange Proposed Claim Terms and Proposed Constructions Meet and Confer to Select Agreed Claim Terms Deadline to Supplement Noninfringement, Unenforceability and Invalidity Contentions without leave of Court Filing of Opening Claim Construction Briefs with Expert Disclosures Filing of Responsive Claim Construction Briefs - 2 - Event Deadline Filing of Joint Claim Construction Chart Markman Hearing 5. 6. Fact discovery shall be completed by . All parties shall disclose the identity of all persons whom they may call at trial to present evidence under Rules 702, 703, 704, or 705 of the Federal Rules of Evidence (Fed. R. Evid.) no later than 30 days after Claim Construction Order. All parties shall disclose the identity of all persons providing rebuttal expert testimony no later than 30 days after Disclosure of Affirmative Expert Report(s). These disclosures shall be full and complete as required by Fed. R. Civ. P. 26(a)(2)(A)-(C). The disclosures of the identities of all persons whom a party may call at trial to present evidence under Fed. R. Evid. 702, 703, 704, or 705 shall also include all of the disclosures required by Fed. R. Civ. P. 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. No deposition of any expert witness shall occur before the disclosures concerning expert witnesses mandated by this Order are made. Expert reports disclosed under Fed. R. Civ. P. 26(a)(2)(B) must set forth “the testimony the witness is expected to present during direct examination, together with the reasons therefor.” Full and complete disclosures of such testimony are required on or before the dates set forth above; absent truly extraordinary circumstances, parties will not be permitted to supplement their expert reports after these dates. 7. Discovery by interrogatory shall be governed by Fed. R. Civ. P. 33 unless otherwise ordered by the Court. Therefore, there is a limit of twenty-five (25) interrogatories, including discrete subparts. 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 8. With regard to responses to requests for admission, requests for production, and interrogatories, the Federal Rules of Civil Procedure do not permit “general” or “global” objections. Accordingly, the Court will neither consider nor rule on objections that are not specific to the individual request propounded. 9. Depositions shall be limited as provided by Fed. R. Civ. P. 30 and 31. 10. The parties shall not file written discovery motions without leave of the Court. Except during a deposition, if a discovery dispute arises and cannot be resolved despite sincere efforts to resolve the matter through personal consultation (in person or by telephone), the parties shall jointly file (1) a brief written summary of the dispute, not to exceed one page per side, with an explanation of the position taken by each side; and (2) a joint written certification that counsel or the parties have attempted to resolve the matter through personal consultation and sincere effort as required by Local Rule of Civil Procedure (LRCiv) 7.2(j) and have reached an impasse. If the opposing party has refused to personally consult, the party seeking relief shall describe the efforts made to obtain personal consultation. Upon review of the filed written summary of the dispute, the Court may set a telephonic conference, order written briefing, or decide the dispute without conference or briefing. Any briefing ordered by the Court shall also comply with LRCiv 7.2(j). If a discovery dispute arises in the course of a deposition and requires an immediate ruling of the Court—a circumstance that should be exceedingly rare—the parties shall jointly contact the Court telephonically. The Court will not entertain discovery disputes after the close of discovery absent truly extraordinary circumstances. 11. All discovery must be completed by 30 days after Disclosure of Rebuttal Expert Report(s), including depositions of parties, witnesses and experts; answers to interrogatories; and supplements to interrogatory answers. This deadline does not alter the duties and obligations imposed on the parties by Fed. R. Civ. P. 26(e). Each party shall conduct discovery in an expeditious manner so as to complete any and all discovery by the deadline. “Complete” includes the time to propound discovery, the time to answer all propounded discovery, the time for the Court to resolve all discovery disputes, and the time - 4 - for the parties to conduct any final discovery necessitated by the Court’s ruling on any discovery disputes. Thus, the Court will view with disfavor any “last minute” or “eleventh hour” discovery activity that leaves insufficient time to undertake additional discovery and requires an extension of the discovery deadline, and, in such an instance, the Court may deny a requested extension, exclude evidence, or impose other sanctions. 12. Although General Order 20-21, dated April 16, 2020, made May 1, 2020 the termination date of the Mandatory Initial Discovery Project (“MIDP”) initiated in this District on May 1, 2017 by General Order 17-08, the Court will enforce one aspect of General order 17-08 in this case. With regard to the duty to supplement discovery under Fed. R. Civ. P. 26(e), the parties must supplement initial disclosures as well as responses to other discovery requests within the 30-days-from-discovery-or-revelation deadline set by General Order 17-08 at 3-4 ¶ 8. (See General Order 17-08, as amended July 29, 2020.) 13. The parties must complete all pre-trial disclosures required under Fed. R. Civ. P. 26(a)(3), of all exhibits to be used and all witnesses to be called at trial, on or before 30 days after Disclosure of Rebuttal Expert Report(s) so that the parties can complete meaningful discovery necessitated by those disclosures before the discovery deadline. This Order supersedes the “30 days before trial” disclosure deadline contained in Fed. R. Civ. P. 26(a)(3). Therefore, (1) failure to timely supplement responses and disclosures made under Fed. R. Civ. P. 26(a), including witnesses and exhibits for trial; (2) failure to timely supplement responses to any valid discovery requests; and (3) attempts to include witnesses or exhibits in the Joint 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 the District Court, and the inherent power of the Court. 14. Good faith settlement discussions shall be held no later than 30 days after Completion of Expert Discovery. 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 15. All dispositive motions, including Daubert motions,1 shall be filed no later than 30 days after Completion of Expert Discovery. A party or parties represented by the same lawyer shall file no more than one motion for summary judgment unless leave of Court is obtained. 16. Any party filing a motion for summary judgment, motion for partial summary judgment, or response thereto, shall not file a statement of facts or controverting statement of facts exceeding 10 pages in length. LRCiv 56.1 is clear that parties’ statements of fact or controverting fact “should include only those facts on which the party relies” in support of the motion or response. 17. All parties are specifically admonished that pursuant to LRCiv 7.2(i), if a motion does not conform in all substantial respects with the requirements of this Local Rule, or if the unrepresented party or counsel does not serve and file the required answering memoranda, or if the unrepresented party or counsel fails to appear at the time and place assigned 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. 18. If no dispositive motions are pending before the Court when the dispositive motion deadline has passed, Plaintiff(s) shall file and serve within ten (10) days of the dispositive motion deadline, a Notice of Readiness for a status conference. If a dispositive motion is filed, the Court will schedule a status conference as necessary upon resolution of the motion. 1 Evidentiary motions made under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). - 6 -
=== Rule 16 Scheduling Order in an Action for Review on an Administrative Record, IDEA, ERISA Case ===
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-_____________________-JJT Plaintiff(s), v. _________________________, Defendant(s). RULE 16 SCHEDULING ORDER IN AN ACTION FOR REVIEW ON AN ADMINISTRATIVE RECORD OR E.R.I.S.A. CASE OR IDEA CASE (Select One And Delete Others) 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. The court cautions the parties and their counsel that it will strictly enforce the deadlines set forth in this Rule 16 Scheduling Order. The most recent revision of the Fed. R. Civ. P. at the time Plaintiff(s) filed the Complaint in this matter shall apply to all proceedings concerning this case. IT IS HEREBY ORDERED that the parties must comply with the following deadlines: Deadline Initial Disclosures Joining Parties and Amending Pleadings Production of Administrative Record Close of Conflict of Interest Discovery, if applicable Due Date Deadline Due Date Completion of disclosure of materials that either party contends should be considered a part of the record on review Filing of Administrative Record Filing of Plaintiff’s Opening Brief, not to exceed 25 pages including any statement of facts Filing of Defendant’s Response Brief, not to exceed 25 pages including any statement of facts Filing of Plaintiff’s Reply Brief, not to exceed 11 pages including any statement of facts The deadline for engaging in good faith settlement talks IT IS FURTHER ORDERED that the parties shall not file written discovery motions without leave of the court. Except during a deposition, if a discovery dispute arises and cannot be resolved despite sincere efforts to resolve the matter through personal consultation (in person or by telephone), the parties shall jointly file (1) a brief written summary of the dispute, not to exceed one page, with explanation of the position taken by each party and (2) a joint written certification that counsel or the parties have attempted to resolve the matter through personal consultation and sincere effort as required by LRCiv 7.2(j) and have reached an impasse. If the opposing party has refused to personally consult, the party seeking relief shall describe the efforts made to obtain personal consultation. Upon review of the filed written summary of the dispute, the court may set a telephonic conference, order written briefing, or decide the dispute without conference or briefing. Any briefing ordered by the court shall also comply with LRCiv 7.2(j). If a discovery dispute arises in the course of a deposition and requires an immediate ruling of the court – a circumstance that should be exceedingly rare – the parties shall jointly contact the court telephonically. 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 -
=== Standard Civil Prescreening Jury 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. Standard Questions for Judge Tuchi’s Jury Prescreening Questionnaire Civil Cases [Updated 4/24/2024] Attached are the format and standard questions Judge Tuchi uses in preparing a prescreening questionnaire sent out to potential jurors for civil trials in his court. • • • • • Yellow highlighted text are areas the Court will fill in prior to distribution. The questions in a different font will only be used in a civil trial involving a prisoner-filed civil case. When Judge Tuchi requests parties to submit proposed questions for a specific trial, just submit any additional or case specific questions. Do not duplicate questions already in the prescreening questionnaire. If you have objections to any questions in the form, include the objections at the end of your submission indicating the number, the question and the issue. File any proposed prescreening questions and e-mail a copy to the Chambers mailbox at [email protected] in WordPerfect or Word format. CIVIL JUROR PRESCREEN QUESTIONNAIRE (please print all answers legibly) Juror Number: First day of trial -- JJT CASE DESCRIPTION This is a federal civil case. Counsel please provide brief description of the case. LENGTH AND SCHEDULE OF TRIAL ➢ ➢ ➢ ➢ ➢ ➢ This trial is expected to last _______ days/weeks and will begin on _______________________. The jury generally will hear evidence from 9:00 a.m. to 4:45 p.m., Tuesday through Friday the first week and Monday or Tuesday through Friday (excluding Thursdays) any subsequent weeks. There will be short breaks in the morning and afternoon and a one-hour and 15 minute lunch break. Allowing some additional time for deliberations after the jury receives the case, the Court projects the jury could be occupied up to and through ___________________________. No adverse employment action can be taken against you by an employer for serving on a jury. Every effort will be made to accommodate special needs of individual jurors. Jurors will be paid an attendance fee of $50.00 per day. JJT Standard Prescreen Questionnaire for Civil Cases Page 1 of 10 QUESTIONNAIRE (please print all answers legibly) 1. Given the information on the first page, would the length of the trial or the proposed schedule create and undue hardship for you if selected to serve on the jury? Yes No If Yes, please explain: 2. Do you, or a member of your household, have any health concerns or disabilities [including COVID related concerns] that you believe might affect your duties as a juror or would make it difficult to be a fair, impartial and attentive juror? Yes No If Yes, please explain: Notice For your safety and the safety of all others, if you develop any symptoms such as fever or chills, cough, sore throat, nasal congestion or runny nose (unless attributable to allergies), unusual muscle aches, shortness of breath or difficulty breathing, nausea or vomiting, or diarrhea do not report for jury service. Contact the jury administrator at: 602-322-7278. JJT Standard Prescreen Questionnaire for Civil Cases Page 2 of 10 3. 4. 5. 6. 7. Your age Male Female Arizona County of Residence? Number of years lived in County? Do you: Own your own home? Rent? Neither own nor rent, but live with family/friends? 1. If you own your home, do you have a mortgage or loan? Yes No 2. How many homes have you purchased and/or sold in your lifetime? Purchased: ____________ Sold: ________________ 8. Are you: (check any and all that apply) Employed full time? Working from home? Retired? Disabled and unable to work? Self-employed? Employed part time? Unemployed/laid off? Student? If you are Self-employed, please describe the nature of your business, whether you have partners and how long you have been in business: Where do you work and what do you do? If you are not presently employed but have worked in the past, what did you do? JJT Standard Prescreen Questionnaire for Civil Cases Page 3 of 10 9. Are you attending school now? Yes No If Yes, please indicate your course of study and whether you will be taking classes during the time of trial. 10. What level of school did you reach? Describe any degrees you have received. 11. Are you Married Divorced Separated Widow Widower Never married? 12. Spouse’s educational background: 13. Spouse’s occupation: 14. Spouse’s job duties: 15. If retired or unemployed, state spouse’s past occupation(s): 16. Spouse’s present or last employer: 17. Spouse’s employer’s type of business: 18. Spouse’s years of employment: 19. Please provide the ages and occupations of your children (include foster & step-children): 20. What civic, social, fraternal, or professional clubs or organizations do you belong to? JJT Standard Prescreen Questionnaire for Civil Cases Page 4 of 10 21. The parties in this matter are represented by the following lawyers. Plaintiff(s) [or Government]: of the Defendant(s): of the Do you know any of these lawyers? Yes No If Yes, please explain. 22. Have you ever served on a jury before? Yes No If Yes, please state when you served and what type of case (civil or criminal). If it was a criminal case, what were the charges? Were you the jury foreperson? Yes No Was a verdict reached and, if so, what was the verdict of the jury? 23. Is there anything in your previous jury service experience that would influence you in deciding the issues in this case? Yes No If Yes, please explain. 24. Have you, or has any member of your immediate family, or any close friend ever been a Yes plaintiff or a defendant in a state or federal court case? No If Yes, what kind of case was it? Is there anything about that case that would prevent you from being a fair and impartial juror in this case? If so, please explain. JJT Standard Prescreen Questionnaire for Civil Cases Page 5 of 10 25. Have you ever been a witness in a civil matter, regardless of whether it went to trial? Yes No 26. Have you, or has or any family member or close friend, ever appeared or testified as a Yes witness in any investigation or legal proceeding? No 27. Have you or your spouse ever served in the military? Yes No If Yes, which branch and for how long? What was the highest rank you or they achieved? 28. Have you or any of your immediate family members ever worked for a governmental entity? Yes No If Yes, who and for which government entity? 29. Do you have any difficulty reading, writing or understanding the English language? Yes No If Yes, please explain. 30. Do you have any training or experience in the legal field? Yes No If Yes, please describe your training or experience. 31. Are you currently taking any medication on a regular basis or do you require the assistance of a doctor or other health professional on a regular basis that would affect your ability to sit as a juror in this case? Yes No If Yes, please explain. 32. Do you otherwise have any medical, mental, or physical condition that would affect your ability to sit as a juror in this case? Yes No If Yes, please explain. JJT Standard Prescreen Questionnaire for Civil Cases Page 6 of 10 33. Do you watch or read news? Yes No If Yes, what are your preferred news networks, publications, or websites? 34. 35. Is there anything else you feel the parties should know about your ability to serve as a fair and impartial juror in this case? Yes No If Yes, please explain. Have you read, seen, or heard anything about this case from any source whatsoever? If so, is there anything about what you have learned about this case that might affect your ability to serve as a fair and impartial juror? Yes No If Yes, please explain. 36. Given the brief description of the facts stated at the beginning of this questionnaire, is there anything about this case that would cause you to believe that you could not consider the evidence fairly and impartially according to the law? Yes No If Yes, please explain. 37. While jury selection is in process, and if you are chosen to be a juror, you are not permitted to read or listen to any media or internet coverage of this case and related subjects while the case is pending. Is there any reason why you cannot follow this limited restriction? Yes No If Yes, please explain. JJT Standard Prescreen Questionnaire for Civil Cases Page 7 of 10 38. While jury selection is in process, and if you are chosen to be a juror, the Court will instruct you that you will not be able to talk about, tweet, blog, post on Facebook or other social networks, or otherwise communicate anything about this case while the case is pending. Is there any reason why you cannot follow this instruction? Yes No If Yes, please explain. 39. If you are selected to be a juror in this case, the Court will instruct you what the law is at the conclusion of the case. If selected as a juror, you will take an oath to follow the law. Do you think you would have trouble following the law even if you may disagree with it? Yes No If Yes, please explain. 40. Do you have any ethical, religious, moral, political, philosophical, or other beliefs that would prevent you from serving as a fair and impartial juror in this case? Yes No If Yes, please explain. 41. If you were one of the parties in this case, is there any reason you would not want someone with your present outlook and feelings to serve on this jury? Yes No If Yes, please explain. 42. Do you have any strong feelings regarding the courts or criminal justice system in this country including, but not limited to, your feelings about judges or lawyers, that would prevent you from sitting as a fair and impartial juror in this case? Yes No If Yes, please explain. JJT Standard Prescreen Questionnaire for Civil Cases Page 8 of 10 43. Have you, or has an immediate family member or close personal friend, ever had a verbal or physical altercation with a law enforcement officer? Yes No If Yes, please explain. This question is for Prisoner-filed Civil Cases only 44. Will the fact that this case involves charges of ________________________________ affect your ability to serve fairly and impartially? Yes No If Yes, please explain. This question is for Prisoner-filed Civil Cases only 45. Have you, or has an immediate family member or close personal friend, ever been employed by a law enforcement agency in any capacity? Yes No If Yes, how? This question is for Prisoner-filed Civil Cases only 46. Jury service is essential to the administration of justice. Accordingly, inconvenience will not be sufficient to excuse a prospective juror. To be excused, a juror must show an unacceptable amount of personal hardship. In light of these considerations, and in light of the projected trial schedule of (excluding [intervening] weekend[s]) would service as a juror in this case create unacceptable personal, financial, professional, or other serious hardship for you? Yes No If Yes, please explain in specific detail: JJT Standard Prescreen Questionnaire for Civil Cases Page 9 of 10 V E R I F I C A T I O N By checking this box, I declare under penalty of perjury that the foregoing responses I have provided in this Juror Questionnaire are true and correct to the best of my knowledge and belief. JJT Standard Prescreen Questionnaire for Civil Cases Page 10 of 10
=== Standard Criminal Prescreening Jury 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. Standard Questions for Judge Tuchi’s Jury Prescreening Questionnaires Criminal Cases [Updated 4/24/2024] Attached are the format and standard questions Judge Tuchi uses in preparing a prescreening questionnaire sent out to potential jurors for criminal trials in his court. • • • • Yellow highlighted text are areas the Court will fill in prior to distribution. When Judge Tuchi requests parties to submit proposed questions for a specific trial, just submit any additional or case specific questions. Do not duplicate questions already in the prescreening questionnaire. If you have objections to any questions in the form, include the objections at the end of your submission indicating the number, the question and the issue. File any proposed prescreening questions and e-mail a copy to the Chambers mailbox at [email protected] in WordPerfect or Word format. CRIMINAL JUROR PRESCREEN QUESTIONNAIRE (please print all answers legibly) Juror Number: First day of trial -- JJT CASE DESCRIPTION This is a federal criminal case. Counsel please provide brief case description. End with: These/This Defendant(s) deny the charges, have pled not guilty, and are presumed innocent unless and until proven guilty beyond a reasonable doubt of those charges. LENGTH AND SCHEDULE OF TRIAL ➢ ➢ ➢ ➢ ➢ ➢ This trial is expected to last _______ days/weeks and will begin on _______________________. The jury generally will hear evidence from 9:00 a.m. to 4:45 p.m., Tuesday through Friday the first week and Monday or Tuesday through Friday (excluding Thursdays) any subsequent weeks. There will be short breaks in the morning and afternoon and a one-hour and 15 minute lunch break. Allowing some additional time for deliberations after the jury receives the case, the Court projects the jury could be occupied up to and through ___________________________. No adverse employment action can be taken against you by an employer for serving on a jury. Every effort will be made to accommodate special needs of individual jurors. Jurors will be paid an attendance fee of $50.00 per day. JJT Standard Prescreen Questionnaire for Criminal Cases Page 1 of 13 QUESTIONNAIRE (please print all answers legibly) 1. Given the information on the first page, would the length of the trial or the proposed schedule create and undue hardship for you if selected to serve on the jury? Yes No If Yes, please explain: 2. Do you, or a member of your household, have any health concerns or disabilities [including COVID related concerns] that you believe might affect your duties as a juror or would make it difficult to be a fair, impartial and attentive juror? Yes No If Yes, please explain: Notice For your safety and the safety of all others, if you develop any symptoms such as fever or chills, cough, sore throat, nasal congestion or runny nose (unless attributable to allergies), unusual muscle aches, shortness of breath or difficulty breathing, nausea or vomiting, or diarrhea do not report for jury service. Contact the jury administrator at: 602-322-7278. JJT Standard Prescreen Questionnaire for Criminal Cases Page 2 of 13 QUESTIONNAIRE (please print all answers legibly) 3. Your age 4. Male Female 5. 6. 7. Arizona County of Residence? Number of years lived in County? Do you: Own your own home? Rent? Neither own nor rent, but live with family/friends? 1. If you own your home, do you have a mortgage or loan? Yes No 2. How many homes have you purchased and/or sold in your lifetime? Purchased: ____________ Sold: ________________ 8. Are you: (check any and all that apply) Employed full time? Working from home? Retired? Disabled and unable to work? Self-employed? Employed part time? Unemployed/laid off? Student? If you are Self-employed, please describe the nature of your business, whether you have partners and how long you have been in business: Where do you work and what do you do? JJT Standard Prescreen Questionnaire for Criminal Cases Page 3 of 13 If you are not presently employed but have worked in the past, what did you do? 9. Are you attending school now? Yes No If Yes, please indicate your course of study and whether you will be taking classes during the time of trial. 10. What level of school did you reach? Describe any degrees you have received. 11. Are you Married Divorced Separated Widow Widower Never married? 12. Spouse’s educational background: 13. Spouse’s occupation: 14. Spouse’s job duties: 15. If retired or unemployed, state spouse’s past occupation(s): 16. Spouse’s present or last employer: 17. Spouse’s employer’s type of business: 18. Spouse’s years of employment: 19. Please provide the ages and occupations of your children (include foster & step-children): JJT Standard Prescreen Questionnaire for Criminal Cases Page 4 of 13 20. What civic, social, fraternal, or professional clubs or organizations do you belong to? 21. The parties in this matter are represented by the following lawyers. Government: Defendant: of the of the Do you know any of these lawyers? Yes No If Yes, please explain. 22. This case is being prosecuted by the United States Attorney’s Office for the District of Arizona. Do you know any person associated with that office? Yes know them: No If Yes, please explain the person you know and how you 23. Do you know the Defendant(s) – [add names] ? Yes No If Yes, please explain the circumstances: 24. Have you ever served on a jury before? Yes No If Yes, please state when you served and what type of case (civil or criminal). If it was a criminal case, what were the charges? Were you the jury foreperson? Yes No Was a verdict reached and, if so, what was the verdict of the jury? JJT Standard Prescreen Questionnaire for Criminal Cases Page 5 of 13 25. 26. Is there anything in your previous jury service experience that would influence you in deciding the issues in this case? Yes No If Yes, please explain. Have you, any member of your immediate family, or any close friend ever been a plaintiff or a defendant in a state or federal court case? Yes No If Yes, what kind of case was it? Is there anything about that case that would prevent you from being a fair and impartial juror in this case? If so, please explain. 27. Have you ever been a witness in a civil matter, regardless of whether it went to trial? Yes No 28. Have you, or any family member or close friend, ever appeared or testified as a witness in any investigation or legal proceeding? Yes No 29. Have you or your spouse ever served in the military? Yes No If Yes, which branch and for how long? What was the highest rank you or they achieved? 30. Have you or any of your immediate family members ever worked for a governmental entity? Yes No If Yes, who and for which government entity? 31. Do you have any difficulty reading, writing or understanding the English language? Yes No If Yes, please explain. JJT Standard Prescreen Questionnaire for Criminal Cases Page 6 of 13 32. Do you have any training or experience in the legal field? Yes No If Yes, please describe your training or experience. 33. Are you currently taking any medication on a regular basis or do you require the assistance of a doctor or other health professional on a regular basis that would affect your ability to sit as a juror in this case? Yes No If Yes, please explain. 34. Do you otherwise have any medical, mental, or physical condition that would affect your ability to sit as a juror in this case? Yes No If Yes, please explain. 35. Do you watch or read news? Yes No If Yes, what are your preferred news networks, publications, or websites? 36. Is there anything else you feel the parties should know about your ability to serve as a fair and impartial juror in this case? Yes No If Yes, please explain. 37. Have you ever been arrested or jailed? Yes No If Yes, please provide explanations to the following questions: Where were you arrested or jailed? When? JJT Standard Prescreen Questionnaire for Criminal Cases Page 7 of 13 For what charge? What was the outcome? Do you believe you were treated fairly in the process? 38. Has someone close to you ever been arrested or jailed? Yes No If Yes, please provide explanations to the following questions: What is your relationship to the person? Where was the person arrested or jailed? When? For what charge? What was the outcome? Do you believe that person was treated fairly in the process? 39. Have you, or has any family member or close friend, ever been questioned in any matter by any local, state or federal law enforcement agency? Yes No 40. Will the fact that this case involves charges of ________________________________ affect your ability to serve fairly and impartially? Yes No If Yes, please explain. 41. Have you or has someone close to you ever been the victim of a violent crime, whether or not there was a prosecution? Yes No If Yes, please explain what happened and whether there is anything about that experience that might affect your ability to serve as a fair and impartial juror in this case. 42. Have you or has an immediate family member or close personal friend ever been employed by a law enforcement agency in any capacity? Yes No If Yes, how? JJT Standard Prescreen Questionnaire for Criminal Cases Page 8 of 13 43. Have you or has an immediate family member or close personal friend ever had a verbal or physical altercation with a law enforcement officer? Yes No If Yes, please explain. 44. Have you read, seen, or heard anything about this case from any source whatsoever? If so, is there anything about what you have learned about this case that might affect your ability to serve as a fair and impartial juror? Yes No If Yes, please explain. 45. Given the brief description of the facts stated at the beginning of this questionnaire, is there anything about this case that would cause you to believe that you could not consider the evidence fairly and impartially according to the law? Yes No If Yes, please explain. 46. Several participants in this case are Native American. Is there anything about these individuals’ racial or ethnic status that would prevent you from being a fair and impartial juror in this case? Yes No If yes, please explain. 47. Do you have experience with, or thoughts or feelings about, members of the Navajo Nation, or any Indian tribe, that may cause you to feel that you may not be a fair and impartial juror in this case? Yes No If yes, please explain. JJT Standard Prescreen Questionnaire for Criminal Cases Page 9 of 13 48. Do you have any opinions about the legitimacy of the federal government or criminal prosecutions that could make it difficult for you to be fair and impartial? Yes No If yes, please explain. 49. Certain crimes committed by Native Americans within the confines of an Indian reservation fall within the jurisdiction of the federal government. Do you have any opinions about the federal government’s involvement in investigating and prosecuting crimes that occur on Indian reservations that could make it difficult for you to be fair and impartial? Yes No If yes, please explain. 50. Some of the witnesses will be federal law enforcement officers with the Federal Bureau of Investigation (FBI) or tribal law enforcement officers with the Navajo Nation Division of Public Safety . Do you have opinions (positive or negative) of federal law enforcement or tribal law enforcement, or in particular the FBI or Navajo Nation Division of Public Safety, that would make it difficult for you to be a fair and impartial juror in this case? [Highlighted text is optional] Yes No If yes, please explain. 51. Would you treat the testimony of a law enforcement officer differently from that of an ordinary citizen, or assign it more or less weight, simply because the testimony came from a law enforcement officer? Yes No If Yes, please explain. 52. In the past few years, there has been a lot of public interest in the criminal justice system, including documentaries, podcasts, and reporting. Have you watched or listened to any documentaries, podcasts, or other media about the criminal justice system—such as Making a Murderer, A Murder in the Park, or Serial—that have affected your views of the criminal justice system? If any such items have affected your views of the criminal justice system, please describe how your views have been affected and whether there is anything JJT Standard Prescreen Questionnaire for Criminal Cases Page 10 of 13 about your views of the criminal justice system that would make it difficult for you to be a fair and impartial juror in this case. 53. This case does not involve the death penalty as a possible punishment. If the trial were to result in a guilty verdict or verdicts, the judge would decide the punishment in this case and you will be so instructed. Do you disagree with the judge imposing the sentence if there is a conviction? Yes No If yes, please explain. 54. If you are selected as a juror, you will be instructed that you are not to consider any possible punishment in determining whether the defendant is guilty. Do you believe you would have any difficulty following this instruction? Yes No If yes, please explain. 55. While jury selection is in process, and if you are chosen to be a juror, you are not permitted to read or listen to any media or internet coverage of this case and related subjects while the case is pending. Is there any reason why you cannot follow this limited restriction? Yes No If Yes, please explain. 56. While jury selection is in process, and if you are chosen to be a juror, the Court will instruct you that you will not be able to talk about, tweet, blog, post on Facebook or other social networks, or otherwise communicate anything about this case while the case is pending. Is there any reason why you cannot follow this instruction? Yes No If Yes, please explain. JJT Standard Prescreen Questionnaire for Criminal Cases Page 11 of 13 57. If you are selected to be a juror in this case, the Court will instruct you what the law is at the conclusion of the case. If selected as a juror, you will take an oath to follow the law. Do you think you would have trouble following the law even if you may disagree with it? Yes No If Yes, please explain. 58. Do you have any ethical, religious, moral, political, philosophical, or other beliefs that would prevent you from serving as a fair and impartial juror in this case? Yes No If Yes, please explain. 59. If you were one of the parties in this case, is there any reason you would not want someone with your present outlook and feelings to serve on this jury? Yes No If Yes, please explain. 60. Do you have any strong feelings regarding the courts or criminal justice system in this country including, but not limited to, your feelings about judges, lawyers, police officers or other law enforcement agents, that would prevent you from sitting as a fair and impartial juror in this case? Yes No If Yes, please explain. 61. Jury service is essential to the administration of justice. Accordingly, inconvenience will not be sufficient to excuse a prospective juror. To be excused, a juror must show an unacceptable amount of personal hardship. In light of these considerations, and in light of the projected trial schedule of (excluding [intervening] weekend[s]) would service as a juror in this case create unacceptable personal, financial, professional, or other serious hardship for you? Yes No If Yes, please explain in specific detail: JJT Standard Prescreen Questionnaire for Criminal Cases Page 12 of 13 V E R I F I C A T I O N By checking this box, I declare under penalty of perjury that the foregoing responses I have provided in this Juror Questionnaire are true and correct to the best of my knowledge and belief. JJT Standard Prescreen Questionnaire for Criminal Cases Page 13 of 13
=== Trial Conduct and Decorum ===
TRIAL CONDUCT AND DECORUM Judge John J. Tuchi 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 further efficient and orderly fact finding. Your compliance with the following 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 to have a colleague handle them for you. 2. At the final pretrial conference, give the courtroom deputy and judge the caption of the case and 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 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 lectern. Counsel shall not approach opposing counsel, the bench, or witness, the court reporter’s table or the clerk’s desk without the permission of the Court. 5. Do not appeal to emotion or prejudice during an 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) in advance of the court session. Court time may not be used for marking exhibits. This must be done (b) Provide copies of exhibits for the judge and court before the commencement of 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 that 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 opposing counsel before being offered. (f) Hand all papers intended for the Court or witness to the clerk or bailiff, who, in turn, 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 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. The defense will highlight in blue those portions it wishes to offer. 7. Witnesses: (a) Only one attorney for each party shall examine or cross-examine a witness. The attorney stating objections 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, counsel generally 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) 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 prohibited. 8. Objections are to be limited to stating “objection” and the basis of the objection (“Objection, leading”) or the number of the Federal Rule 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. You are prohibited from chewing gum or reading newspapers or magazines while court is in session. Beepers, cellular telephones, and other noise-making electronic equipment must be turned off while in court. 11. Counsel should try to anticipate problems that will arise during 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 any motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at recess. 13. Offers or, 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 in this courtroom.
Ask CiteLaw's AI Navigator anything about this judge practice, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.
