Civil Jury Trial Procedures (PDF); Criminal Trial Procedures and Preparation (PDF); Exhibit Labels and List (PDF); Notice of Designation under Local Rule 3.05 and Deadline for Filing of Case Management Report (PDF); Pretrial Order (Jury) (PDF); Pretrial Order (Non-Jury) (PDF); Order for Preliminary

=== Civil Jury Trial Procedures (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION CIVIL JURY TRIAL PROCEDURES BEFORE THE HONORABLE HARVEY E. SCHLESINGER These guidelines are provided to assist you in preparing for and conducting trial before the Honorable Harvey E. Schlesinger. If you have questions about these guidelines, or any other matter relating to the trial, please call Mr. Timothy Luksha, Courtroom Deputy, at 904.549.1968. (a) Familiarity with Local Rules Required: Counsel must be familiar with the Local Rules of the United States District Court for the Middle District of Florida. Particular attention should be directed to Local Rule 5.03 regarding courtroom decorum. (b) Submission of Proposed Voir Dire Questions, Proposed Jury Instructions and Proposed Jury Verdict Forms: Counsel shall serve and file with the Clerk’s Office all proposed voir dire questions, proposed jury instructions, and proposed verdict forms not later than six (6) working days before the scheduled trial date. The Court will not ask any voir dire question not previously submitted under this requirement. Counsel shall meet to agree on a single set of instructions to the jury and shall jointly file same with the Clerk’s Office. If counsel cannot agree, counsel additionally shall file proposals as to any contested instructions. (c) Pre-marking and Numbering Exhibits: Counsel are responsible for pre-marking and numbering all exhibits before trial under Local Rule 3.07. Copies of blank Exhibit List and labels are available on the Court’s preference page on the Clerk’s Office website. (d) Preparation and Exchange of Exhibit and Witness Lists: Counsel are also responsible for posting the exhibit number and detailed description of each exhibit to the attached Exhibit List under Local Rule 3.07. On the first day of trial, counsel shall exchange a copy of their Exhibit List and final Witness List with other counsel and shall also provide three (3) copies of each list to the Courtroom Deputy. (e) Sharing of Witness Fees: Unless otherwise limited by the Court, counsel may share the cost of subpoenaing common witnesses. (f) Availability of Venire List: The venire list of prospective jurors will be provided to counsel under Local Rule 5.02(b). (g) Method of Voir Dire Examination: Unless otherwise ordered by the Court, civil juries will consist of twelve (12) jurors. As a general rule, the Court will seat twenty-five (25) jurors randomly selected from the venire panel into the jury box. The Court will then instruct the entire venire panel on the nature of the case and such other preliminary matters as may be appropriate. Then Court will conduct an initial voir dire examination of the twenty-five (25) jurors. The parties may request additional questions for the Court to inquire of the twenty-five (25) jurors, following the Court’s initial voir dire examination. Following counsel’s questions, the Court will determine whether additional inquiry need be made of particular jurors. Counsel will then exercise their peremptory challenges out of the hearing of the jury. (h) Audio and/or visual equipment: The court does not furnish audio and/or visual equipment for use during trials. Counsel must make their own arrangements regarding audio and/or visual equipment. If counsel plan to use equipment during trial, please notify the Courtroom Deputy ahead of time so the courtroom can be made available for installation. Also, upon completion of trial, the equipment must be removed immediately. PLEASE NOTE: Photo identification is required to enter the United States Courthouse. Also, consult Local Rule 7.02 about electronics in the courthouse. 2

=== Criminal Trial Procedures and Preparation (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION CRIMINAL JURY TRIAL PROCEDURES BEFORE THE HONORABLE HARVEY E. SCHLESINGER These guidelines are provided to assist you in preparing for and conducting trial before the Honorable Harvey E. Schlesinger. If you have questions about these guidelines, or any other matter relating to the trial, please call Mr. Timothy Luksha, Courtroom Deputy, at 904.549.1968. (a) Familiarity with Local Rules Required: Counsel must be familiar with the Local Rules of the United States District Court for the Middle District of Florida. Particular attention should be directed to Local Rule 5.03 regarding courtroom decorum. (b) Submission of Proposed Voir Dire Questions, Proposed Jury Instructions and Proposed Jury Verdict Forms: Counsel shall serve and file with the Clerk’s Office all proposed voir dire questions, proposed jury instructions, and proposed verdict forms not later than six (6) working days before the scheduled trial date. The Court will not ask any voir dire question not previously submitted under this requirement. Counsel shall meet to agree on a single set of instructions to the jury and shall jointly file same with the Clerk’s Office. If counsel cannot agree, counsel additionally shall file proposals as to any contested instructions. The United States shall file a short concise (one or two page) summary of the charges(s) against the Defendant(s). The summary shall be written in simple terms and will be used by the Court to familiarize prospective jurors about the charge(s). (c) Pre-marking and Numbering Exhibits: Counsel are responsible for pre-marking and numbering all exhibits before trial under Local Rule 3.07. Copies of blank Exhibit List and labels are available on the Court’s preference page on the Clerk’s Office website. (d) Preparation and Exchange of Exhibit and Witness Lists: Counsel are also responsible for posting the exhibit number and detailed description of each exhibit to the attached Exhibit List under Local Rule 3.07. On the first day of trial, counsel shall exchange a copy of their Exhibit List and final Witness List with other counsel and shall also provide three (3) copies of each list to the Courtroom Deputy. (e) Sharing of Witness Fees: Unless otherwise limited by the Court, counsel may share the cost of subpoenaing common witnesses. (f) Availability of Venire List: The venire list of prospective jurors will be provided to counsel under Local Rule 5.02(b). (g) Method of Voir Dire Examination: Under Local Rule 5.01, and unless otherwise ordered by the Court, criminal juries will consist of twelve (12) jurors. As a general rule, the Court will seat fifty (50) jurors randomly selected from the venire panel into the jury box. The Court will then instruct the entire venire panel on the nature of the case and such other preliminary matters as may be appropriate. T h e n t he Court will conduct an initial voir dire examination of the fifty (50) jurors. The parties may request additional questions for the Court to inquire of the fifty (50) jurors, following the Court’s initial voir dire examination. The Court will determine whether additional inquiry need be made of particular jurors. Counsel will then exercise their peremptory challenges out of the hearing of the jury. (h) Audio and/or visual equipment: The Court does not furnish audio and/or visual equipment for use during trials. Counsel must make their own arrangements regarding audio and/or visual equipment. If counsel plan to use equipment during trial, please notify the Courtroom Deputy ahead of time so the courtroom can be made available for installation. Also, upon completion of trial, the equipment must be removed immediately. (i) Courtroom Attire: It is the responsibility of defense counsel to ensure the defendant has appropriate courtroom attire for all court proceedings. If the defendant is in custody, appropriate attire should be provided to the U.S. Marshal’s Office, not the jail. PLEASE NOTE: Photo identification is required to enter the United States Courthouse. Also, consult Local Rule 7.02 about electronics in the courthouse. 2 Copies to: Assistant U.S. Attorney Defense Counsel 3

=== Exhibit Labels and List (PDF) ===

UN I T E D ST A T E S D I S T R I C T CO U R T MI D D L E D I S T R I C T O F FL O R I D A OF F I C E O F T H E CL E R K ME G A N A. M A N N , CL E R K NOTICE REGARDING PRE-MARKING EXHIBITS Under Local Rule 3.07(a), each party must pre-mark and identify exhibits proposed to be offered in evidence at a trial or evidentiary hearing using exhibit labels obtained from the Clerk or the Court’s website. Under Local Rule 3.07(b), each party must deliver an exhibit list to each opposing party and deliver three copies of the exhibit list to the judge before a trial or an evidentiary hearing. A court-approved exhibit list and exhibit labels are attached to this notice. When completing the exhibit labels, be sure to select the appropriate party and to include the case number and style. Exhibits must be consecutively numbered, and the labels should be stapled to the upper right corner of each exhibit. The exhibit list must sequentially list and briefly describe each exhibit. Note that these instructions are purposely general in nature and are intended to supplement the Local Rules. Individual judges might have additional preferences that the Court’s website, can be flmd.uscourts.gov/judges/all. judge’s name on found under each U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT Exhibit Number: __________________ Exhibit Number: __________________ Exhibit Number: __________________ Case Number: Case Style: v. Date Identified: Date Admitted: Case Number: Case Number: Case Style: Case Style: v. v. Date Identified: Date Identified: Date Admitted: Date Admitted: U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT Exhibit Number: __________________ Exhibit Number: __________________ Exhibit Number: __________________ Case Number: Case Number: Case Number: Case Style: Case Style: Case Style: v. v. v. Date Identified: Date Identified: Date Identified: Date Admitted: Date Admitted: Date Admitted: U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT Exhibit Number: __________________ Exhibit Number: __________________ Exhibit Number: __________________ Case Number: Case Number: Case Number: Case Style: Case Style: Case Style: v. v. v. Date Identified: Date Identified: Date Identified: Date Admitted: Date Admitted: Date Admitted: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA Plaintiff(s), v. Case No.: Defendant(s). / EXHIBIT LIST ☐ Government ☐ Plaintiff(s) ☐ Defendant(s) ☐ Court ☐ Other: Exhibit No. Date Identified Date Admitted Witness Description Exhibit No. Date Identified Date Admitted Witness Description 2

=== Notice of Designation under Local Rule 3.05 and Deadline for Filing of Case Management Report (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. _________________________________/ NOTICE OF DESIGNATION UNDER LOCAL RULE 3.05 AND DEADLINE FOR FILING OF CASE MANAGEMENT REPORT TAKE NOTICE that, in accordance with Local Rule 3.05, this action is designated as a Track Two Case. Filing party (that is, the party that instituted suit in this Court) is responsible for serving a copy of this Notice and its attachment upon all other parties and, thereafter, to assure that all parties meet the requirements established in Rule 3.05 for cases designated on this track by cooperatively meeting for the preparation and filing of a consolidated Case Management Report (the Court will not accept a unilateral Report). The parties shall file the Case Management Report within 14 days after the case management conference; otherwise, the Court will impose such sanctions as deemed appropriate, including but not limited to dismissal, pursuant to Rule 3.10, Local Rules, M.D.Fla., for failure to prosecute. The parties are invited to consider assumption of responsibility for this case by the assigned Magistrate Judge. Attached to filing party’s copy of this Notice for such purpose is a self-explanatory Consent form. Note that the form is to be filed ONLY if signed and agreed to by all parties on a single form. DATE: SHERYL L. LOESCH, Clerk Distribution: Original in Court file Filing Party - Plaintiff or, if applicable, removing Defendant By: Deputy Clerk UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. _________________________________/ CASE MANAGEMENT REPORT 1. Meeting of Parties: Pursuant to Local Rule 3.05(c)(2)(B) or (c)(3)(A), a conference was held on _________________________ (date) at ___________ (time) between: Name Counsel for (if applicable) 2. Fed. R. Civ. P. 26(a)(1), as amended, effective December 1, 2000, Pre-Discovery Initial Disclosures: The parties (check one) _____ have exchanged _____ agree to exchange information described in Fed. R. Civ. P. 26(a)(1) on or by____________________ (date). Below is a detailed description of information disclosed or scheduled for disclosure. 3. Discovery Plan - Plaintiff(s): The parties jointly propose the following Plaintiff’s discovery plan: a. Every discovery effort Plaintiff plans to pursue is described below. The description of each discovery effort will be listed under the appropriate heading below and will include the subject matter of the discovery and the time during which the discovery will be pursued: (1) Requests for Admission: Case Management Report Number of Requests for Admission: Parties may seek to limit the number of Plaintiff’s requests for admission in accordance with Fed. R. Civ. P. 26(b)(2). Any such request must be presented by motion. See paragraph 6 below. (2) Written Interrogatories: Number of Interrogatories: Local Rule 3.03(a) provides “[u]nless otherwise permitted by the Court for cause shown, no party shall serve upon any other party, at one time or cumulatively, more than twenty-five (25) written interrogatories pursuant to Rule 33, Fed. R. Civ. P., including all parts and subparts.” Any request by Plaintiff to exceed this limit must be presented by motion. See paragraph 6 below. (3) Requests for Production or Inspection: (4) Oral Depositions: Number of Depositions: Local Rule 3.02(b) provides, “[i]n accordance with Fed. R. Civ. P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten depositions per side may be taken in any case unless otherwise ordered by the Court.” Any request by Plaintiff to exceed this limit must be presented by motion. See paragraph 6 below. Time Permitted for Each Deposition, in accordance with Fed.R.Civ.P. 30(d), is limited to one day of seven hours, unless extended by stipulation of the parties or order of the Court. b. Disclosure of Expert Testimony: Parties stipulate, in accordance with Fed. R. Civ. P. 26(a)(2)(C), that Plaintiff’s Fed. R. Civ. P. 26(a)(2) disclosure will be due as noted here: Case Management Report Page 3 c. Supplementation of Disclosures and Responses: Parties agree that Plaintiff’s supplementation under Fed. R. Civ. P. 26(e) will be provided at the following times: d. Completion of Discovery: Plaintiff will commence all discovery in time for it to be completed on or before ____________________________ (date). 4. Discovery Plan - Defendant(s): The parties jointly propose the following Defendant’s discovery plan: a. Every discovery effort Defendant plans to pursue is described below. The description of each discovery effort will be listed under the appropriate heading below and will include the subject matter of the discovery and the time during which the discovery will be pursued: (1) Requests for Admission: Number of Requests for Admission: Parties may seek to limit the number of Defendant’s requests for admission in accordance with Fed. R. Civ. P. 26(b)(2). Any such request must be presented by motion. See paragraph 6 below. (2) Written Interrogatories: Number of Interrogatories: Local Rule 3.03(a) provides “[u]nless otherwise permitted by the Court for cause shown, no party shall serve upon any other party, at one time or cumulatively, more than twenty-five (25) written interrogatories pursuant to Rule 33, Fed. R. Civ. P., including all parts and subparts.” Any request by Defendant to exceed this limit must be presented by motion. See paragraph 6 below. Case Management Report (3) Requests for Production or Inspection: (4) Oral Depositions: Number of Depositions: Local Rule 3.02(b) provides, “[i]n accordance with Fed. R. Civ. P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten depositions per side may be taken in any case unless otherwise ordered by the Court.” Any request by Defendant to exceed this limit must be presented by motion. See paragraph 6 below. Time Permitted for Each Deposition, in accordance with Fed.R.Civ.P. 30(d), is limited to one day of seven hours, unless extended by stipulation of the parties or order of the Court. b. Disclosure of Expert Testimony: Parties stipulate, in accordance with Fed. R. Civ. P. 26(a)(2)(C), that Defendant’s Fed. R. Civ. P. 26(a)(2) disclosure will be due as noted here: c. Supplementation of Disclosures and Responses: Parties agree that Defendant’s supplementation under Fed. R. Civ. P. 26(e) will be provided at the following times: d. Completion of Discovery: Defendant will commence all discovery in time for it to be completed on or before ____________________ (date). 5. Joint Discovery Plan - Other Matters: Parties agree on the following other matters relating to discovery (e.g., handling of confidential information, assertion of privileges, whether discovery should be conducted in phases or be limited to or focused upon particular issues): 6. Disagreement or Unresolved Issues Concerning Discovery Matters: Any disagreement or unresolved issue concerning discovery matters must be made the subject of a separate motion to be filed not later than eleven (11) days after the filing of the Case Management Report. Such disagreement or unresolved issue will not excuse the establishment of discovery completion dates. Pursuant to Fed.R.Civ.P. 26(a)(1), as amended, effective December 1, 2000, any objection as to the appropriateness of required Initial Disclosures shall be recorded in the case management report. Case Management Report Page 5 7. Third Party Claims, Joinder of Parties, Potentially Dispositive Motions: Parties agree that the final date for filing motions for leave to file third party claims, motions to join parties, motions for summary judgment, and all other potentially dispositive motions should be ____________________. (Note time limit in Local Rule 4.03.) 8. Settlement and Alternative Dispute Resolution: Parties agree that settlement is (check one) _____ likely _____ unlikely. Parties agree to consent to binding arbitration pursuant to Local Rules 8.02(a)(3) and 8.05(b). (check one) _____ yes _____ no _____ likely to agree in future Parties agree to participate in court annexed mediation as detailed in Chapter Nine of the Court’s Local Rules. (check one) _____ yes _____ no _____ likely to agree in future If yes, the order of referral described in Local Rule 9.04 should be entered by the Court on ____________________ (date) designating _____________________________________ (name) to serve as mediator. Parties agree to consent to trial presided over by United States Magistrate Judge (which will afford the parties better opportunity for a “date certain” for trial): (check one) _____ yes _____ no _____ likely to agree in future If yes, the parties shall complete and all counsel and/or unrepresented parties shall execute on the Form AO-85 attached hereto (through the portion for “Consent” – all signatures together on one form); submit the same to the Clerk, and the Court will promptly thereafter enter the “Order of Reference” portion and file the same in the record hereof. Parties intend to pursue the following other methods of alternative dispute resolution: In accordance with Local Rule 3.05(c)(2)(C)(v), parties agree that if they do not report to the Court that the case has settled on or before ____________________ (date), parties will apply for an order invoking Court annexed arbitration (Chapter Eight of Local Rules) or Court annexed mediation (Chapter Nine of Local Rules) on that date. Case Management Report Page 6 9. Preliminary Pretrial Conference: Local Rule 3.05(c)(3)(B) provides that preliminary pretrial conferences are mandatory in Track Three cases. Track Two cases: Parties (check one) _____ request _____ do not request a preliminary pretrial conference before entry of a Case Management and Scheduling Order in this Track Two case. Unresolved issues to be addressed at such a conference include: 10. Final Pretrial Conference and Trial: Parties agree that they will be ready for a final pretrial conference on or after ____________________ (date), and for (check one) _____ jury trial _____ non-jury trial on or after ____________________ (date). Trial is expected to take approximately _____ days. 11. Pretrial Disclosures and Final Pretrial Procedures: Parties acknowledge that they are aware of and will comply with pretrial disclosures requirements in Fed. R. Civ. P. 26(a)(3) and final pretrial procedures requirements in Local Rule 3.06. 12. Other Matters (if any): Date: ____________________ Signatures of Counsel (with information required by Local Rule 1.05(d and Signature of any unrepresented party: AO 85 (Rev. 8/98) Notice, Consent, and Order of Reference - Exercise of Jurisdiction by a United States Magistrate Judge UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA NOTICE, CONSENT, AND ORDER OF REFERENCE - EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE v. Case No. NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION In accordance with the provisions of 28 U.S.C. 636(c), and Fed.R.Civ.P. 73, you are notified that a United States Magistrate Judge of this District Court is available to conduct any or all proceedings in this case including a jury or non-jury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a Magistrate Judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court’s jurisdiction from being exercised by a Magistrate Judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any Magistrate Judge or to the District Judge to whom the case has been assigned. An appeal from a judgment entered by a Magistrate Judge shall be taken directly to the United States Court of Appeals for this judicial circuit in the same manner as an appeal from any other judgment of this District Court. CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. 636(c) and Fed.R.Civ.P. 73, the parties in this case consent to have a United States Magistrate Judge conduct any and all proceedings in this case, including the trial, order the entry of a final judgment, and conduct all post-judgment proceedings. Party Represented Signatures Date __________________________________ _____________________________ ________________________ _____________________________ ________________________ ____________________ _____________________________ ________________________ ____________________ _____________________________ ________________________ ____________________ ORDER OF REFERENCE IT IS ORDERED that this case be referred to _______________________________________________, United States Magistrate Judge, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. 636(c) and Fed.R.Civ.P. 73. Date:___________________ _________________________________________ UNITED STATES DISTRICT JUDGE NOTE: RETURN THIS FORM TO THE CLERK OF COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

=== Pretrial Order (Jury) (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. ______________________/ PRETRIAL ORDER This cause having come on to be heard upon the Court's own motion for a pretrial conference and for the entry of an order defining and simplifying the issues in this cause, with the attorneys representing the respective parties being present; the Court having heard argument by counsel for the respective parties who have agreed to the form hereof, and the Court being fully advised, it is, thereupon ORDERED that the following rules shall govern further proceedings herein: 1. See Pretrial Statement in compliance with the Case Management and Scheduling Order filed herein and executed by counsel for plaintiff(s) and counsel for defendant(s). 2. Inability to require attendance of witness at trial shall not be the basis of a motion for continuance of the trial unless witness subpoena has been issued at least TEN (10) DAYS prior to the date of trial. 3. All witness subpoenas previously or subsequently issued for trial of this action will continue in force and effect until final disposition of this action or until otherwise ordered by the Court. 4. All motions not disposed of prior to date of pretrial conference, except those concerning emergency matters, will not be considered. 5. Although Local Rule 3.03 relieves counsel from filing any discovery material with the Court, no discovery material should be introduced or used by counsel at trial (including cross- examination) unless courtesy copies thereof are delivered directly to the judge’s chambers, and notice given to opposing counsel at least SIX (6) WORKING DAYS prior to the date of trial. 6. Counsel shall submit trial briefs or memoranda, proposed voir dire questions, a proposed brief statement of the case that counsel want read to the jury, proposed jury instructions, and proposed forms of verdict no later than SIX (6) WORKING DAYS prior to the scheduled trial date. Counsel shall meet for the purpose of exchanging proposed jury instructions and submitting an agreed-to set of jury instructions. If there are requested instructions upon which they are unable to agree, the objecting counsel shall state, in writing, specific objections, citing authorities, and any alternative instruction which counsel consider more appropriate. NOTE: Two (2) courtesy copies of these materials shall be sent directly to Judge Schlesinger’s chambers. 7. Peremptory challenges shall be allowed as follows: ___ for Plaintiff(s) and ___ for Defendant(s). 8. This case is set for trial during the trial term commencing _______________________. Counsel estimate ____ days required for trial. 9. This case will be tried in the sequence listed on the Final Trial Calendar which will be mailed to trial counsel. Counsel should keep themselves informed of the progress of cases listed prior to their case. -2- IT IS FURTHER ORDERED that this action shall proceed to trial pursuant to the pretrial stipulation and this order and no amendments shall be made to the stipulation or this order except upon written motion and good cause shown. DONE AND ORDERED at Jacksonville, Florida, this ____ day of _____________, 200___. __________________________________ HARVEY E. SCHLESINGER United States District Judge Copies furnished to counsel of record and unrepresented parties (if any) -3-

=== Pretrial Order (Non-Jury) (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. ___________________________/ PRETRIAL ORDER This cause having come on to be heard upon the Court's own motion for a pretrial conference and for the entry of an order defining and simplifying the issues in this cause, with the attorneys representing the respective parties being present; the Court having heard argument by counsel for the respective parties who have agreed to the form hereof, and the Court being fully advised, it is, thereupon ORDERED that the following rules shall govern further proceedings herein: 1. See Pretrial Statement in compliance with the Case Management and Scheduling Order filed herein and executed by counsel for plaintiff(s) and counsel for defendant(s). 2. Inability to require attendance of witness at trial shall not be the basis of a motion for continuance of the trial unless witness subpoena has been issued at least TEN (10) DAYS prior to the date of trial. 3. All witness subpoenas previously or subsequently issued for trial of this action will continue in force and effect until final disposition of this action or until otherwise ordered by the Court. 4. All motions not disposed of prior to date of pretrial conference, except those concerning emergency matters, will not be considered. 5. Although Local Rule 3.03 relieves counsel from filing any discovery material with the Court, no discovery material should be introduced or used by counsel at trial (including cross- examination) unless courtesy copies thereof are delivered directly to the judge’s chambers, and notice given to opposing counsel at least SIX (6) WORKING DAYS prior to the date of trial. 6. Counsel shall submit trial briefs or memoranda with two (2) courtesy copies sent directly to Judge Schlesinger’s chambers no later than SIX (6) WORKING DAYS prior to the scheduled trial date. 7. This case is set for trial during the trial term commencing __________________________. Counsel estimate _______ days required for trial. 8. This case will be tried in the sequence listed on the Final Trial Calendar which will be mailed to trial counsel. Counsel should keep themselves informed of the progress of cases listed prior to their case. IT IS FURTHER ORDERED that this action shall proceed to trial pursuant to the pretrial stipulation and this Order and no amendments shall be made to the stipulation or this Order except upon written motion and good cause shown. DONE AND ORDERED at Jacksonville, Florida, this ____ day of _____________, 200___. _________________________________ HARVEY E. SCHLESINGER United States District Judge Copies to: Counsel of Record (provided to counsel in open court) -2-

=== Order for Preliminary Pretrial & Scheduling Conference (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. ________________________/ ORDER FOR PRELIMINARY PRETRIAL AND SCHEDULING CONFERENCE Pursuant to Rule 16(b), Federal Rules of Civil Procedure, and Local Rule 3.05(a), IT IS ORDERED THAT: (a) A Preliminary Pretrial and Scheduling Conference will be held on _________________________________________, in Courtroom No. 10C, Tenth Floor, United States Courthouse, 300 North Hogan Street, Jacksonville, Florida. (b) The Preliminary Pretrial and Scheduling Conference shall be attended by all counsel of record at the time of the conference, and any unrepresented party. When counsel of record appears on behalf of a particular party, such counsel shall be either the trial counsel or the counsel empowered to direct the course of litigation and with the power to enter into settlements on behalf of the represented party. (c) At the Preliminary Pretrial and Scheduling Conference, all counsel of record, and any unrepresented party, shall be prepared to discuss with the Court the following matters: (1) formulation and simplification of the issues, including the elimination of frivolous claims or defenses; (2) the necessity or desirability of amendments to the pleadings; (3) the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof, stipulations regarding the authenticity of documents, and advance rulings from the Court on the admissibility of evidence; (4) the avoidance of unnecessary proof and of cumulative evidence; (5) the identification of witnesses and documents, the need and schedule for filing and exchanging pretrial briefs, and the date or dates for further conferences and for trial; (6) the advisability of referring matters to a magistrate judge or master; (7) the possibility of settlement or the use of extrajudicial procedures to resolve the dispute; (8) the form and substance of the pretrial order; (9) the disposition of pending motions; (10) the need for adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems; and (11) such other matters as may aid in the disposition of the action. DONE AND ORDERED at Jacksonville, Florida, this ______ day of ___________, 200___. HARVEY E. SCHLESINGER United States District Judge By:______________________________ Courtroom Deputy Clerk Copies to: Timothy W. Volpe, Esq. Law Clerk Garry Randolph, CRD W. A. MacGuire Box 854, 191 Barbour St. Orange, VA 22960 -2- -3-