Court Call Procedures; Fast Track Procedures; General Rules for Trial of Cases before Judge Timothy D. DeGiusti

=== Court Call Procedures ===

TELEPHONIC APPEARANCE PROCEDURES FOR JUDGE TIMOTHY D. DEGIUSTI’S CASES EFFECTIVE NOVEMBER 1, 2009 I. POLICY GOVERNING TELEPHONIC APPEARANCES Telephonic appearances are allowed for initial status conferences before Judge DeGiusti for parties with counsel of record whose office is located outside of Oklahoma County, Oklahoma, and pro se litigants who reside outside of Oklahoma County. Telephonic appearances may be authorized for other hearings as specifically designated by the Court. Telephonic appearances will be allowed as coordinated through CourtCall, an independent conference call company, pursuant to the procedures set forth in Section II. Pro se litigants, however, may coordinate telephonic appearances for initial status conferences directly with the Court’s Deputy Court Clerk, Mike Bailey, at the number listed below. If an individual schedules a telephonic appearance and then fails to respond to the call of a matter on the calendar, the Court may pass the matter or may treat the failure to respond as a failure to appear. Scheduling simultaneous telephonic appearances in multiple courts does not excuse a failure to appear. Individuals making use of the conference call service are cautioned that they do so at their own risk. Hearings generally will not be rescheduled due to missed connections. II. SCHEDULING A TELEPHONIC APPEARANCE Absent an emergency, telephone appearances may be arranged by calling CourtCall at (866) 582- 6878 not later than 3:00 p.m. at least two business days prior to the hearing date. Any request for a telephonic appearance made after the above deadline must be Court approved by contacting Judge DeGiusti’s Deputy Court Clerk, Mike Bailey, at (405) 609-5122. Pro se litigants may coordinate telephonic appearances directly with Mr. Bailey by the deadline set forth above. III. PROCEDURE FOR TELEPHONIC APPEARANCE CourtCall will provide counsel with written confirmation of a telephonic appearance, and give counsel a number to call to make the telephonic appearance. It is counsel’s responsibility to dial into the call not later than 10 minutes prior to the scheduled hearing. CourtCall does not place a call to counsel. The initial charge per participant for a CourtCall appearance is $30 for the first 45 minutes you are connected. For each additional 15 minute increment the charge is $7.00. If you do not timely call and connect with the CourtCall operator, you will be billed for the call and the hearing may proceed in your absence. Telephonic appearances for status conferences are connected to chambers, or, depending on the nature of the matter, directly to the courtroom public address system so that a normal record is produced. To ensure the quality of the connection and of the record, the use of car phones, cellular phones, speakerphones, public telephone booths, or phones in other public places is prohibited except in the most extreme emergencies. Participants should be able to hear all parties without difficulty or echo. After your call is connected to chambers or the courtroom, the Judge will call the case, request appearances, and direct the manner in which the hearing shall proceed. Each time you speak, you should identify yourself for the record. When the Judge informs the participants that the hearing is completed, you may disconnect. Telephonic appearances by multiple participants are only possible when there is compliance with every procedural requirement. Appropriate sanctions may be imposed when there is any deviation from the required procedures or the Court determines that a person’s conduct makes telephonic appearances inappropriate.

=== Fast Track Procedures ===

Optional Fast Track Procedure for Civil Cases Assigned to Judge DeGiusti (Revised January 24, 2017) With approval of the Court and agreement of all parties, civil cases may be made subject to the “fast track” procedure set forth herein. The fast track procedure is made available to the parties in order to provide alternatives which may reduce the costs and time involved in federal civil litigation. 1. Selection of Fast Track Procedure. Counsel and all parties are to agree to the selection of this procedure at or prior to the first status/scheduling conference, or within 7 days after a ruling on a motion to dismiss is entered. Selection of the procedure will be documented as a matter of record in the case, and shall be in substantially the form appended hereto. Once such selection has been approved by the Court, the case will be subject to the procedure set forth herein unless otherwise ordered by the Court. 2. Scheduling and Trial Date. Fast track cases will be assigned a “firm” trial date (jury or non-jury, in accordance with the particular case) approximately 180 days, or less as appropriate, from the date of the Court’s approval of the selection of the track. The case will not be on a trailing docket, and the trial date will constitute a special setting which will normally be during the last week of the trial docket month.1 2.1. Discovery Period. Up to 150 days will be allowed for discovery, unless a shorter period is agreed to by the parties. The Scheduling Order will reflect deadlines based on the 150 day discovery period. 2.2. Extensions of Deadlines. Extensions are strongly discouraged, and in any event will be limited to one extension of the Scheduling Order deadlines not to exceed 14 days, absent a showing of compelling circumstances in favor of a longer extension. 3. Limitations on Discovery. Unless otherwise agreed to by the parties and approved by the Court, the following discovery limitations will apply: 3.1. No more than 25 hours of depositions shall be permitted by any party. Depositions shall be limited to no more than 7 hours for each witness. 3.2. Interrogatories and requests for admissions shall each be limited in number to 25. 3.3. Requests for production shall be limited in number to 30. Documents are to be produced or inspection allowed within 7 days of the service of responses. Privilege logs are to be produced within 7 days of the service of responses. 1In the event of a scheduling conflict between two or more fast track cases, the lower numbered case will be given priority, and the other case(s) will be moved to the next available trial date. 4. Restrictions for Certain Motion Practice. Briefs in support of motions to dismiss and response briefs, are limited to 15 pages in length. Briefs in support of motions for summary judgment and Daubert motions, and response briefs, are limited to 25 pages in length. Evidentiary attachments to such motions are to be limited to include only material strictly necessary to the determination of the motion; only relevant portions of deposition transcripts are to be provided. Reply briefs will not be allowed without leave of Court, and when allowed will be limited to 5 pages. 5. Limitation on Discovery Motions. Discovery motions must be filed no later than 30 days before the end of the discovery period. All Federal Rules of Civil Procedure and Local Civil Rules concerning discovery disputes apply. 6. Limitation on Expert Witnesses. Absent leave of Court, parties are limited to one expert witness; even when leave is granted, under no circumstances will a party be allowed to list more than two expert witnesses in cases subject to this track. 7. Limitation on Trial Time: Unless otherwise ordered by the Court on a showing of good cause, all plaintiffs and all defendants will be limited to no more than twelve trial hours per side for the presentation of the case, with 3 hours per side reserved for rebuttal, as appropriate. Other, or more extensive, restrictions may be ordered by the Court in appropriate cases. 8. Settlement Conference. A judicial settlement conference will be required for all cases which are subject to this track. The parties may engage in other forms of ADR as in any other case. 9. Optional Stipulations. 9.1. The parties may stipulate to a maximum and minimum award for all claims (a “high/low” agreement), including attorneys fees, if applicable. If such an agreement is reached, the final judgement entered in the case will correspond to the agreement, or to any amount between the maximum and minimum, as appropriate. 9.2. The parties may stipulate that there will be no appeal from the final judgment. 9.3. The parties are encouraged to stipulate to facts, thereby streamlining the presentation of evidence. 10. Applicable Rules. All Federal Rules of Civil Procedure and Local Civil Rules apply to cases subject to this track except as modified by the rules set forth herein. 11. Escape Clause. A party may seek leave of Court to withdraw from the application of the Fast Track Procedure and its rules. Such motions will be granted only upon a showing of good cause, including consideration of necessary, unanticipated discovery. IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA v. Plaintiff(s) , , Defendant(s) CIV- - D AGREEMENT AND STIPULATION OF ALL PARTIES ADOPTING THE “OPTIONAL FAST TRACK PROCEDURE” ALL PARTIES HEREBY AGREE AND STIPULATE that this case shall be subject to the Court’s Optional Fast Track Procedure, and all the rules, limitations, and restrictions applicable thereto, as set forth in the Exhibit attached to this Agreement and Stipulation. The parties further acknowledge that the Federal Rules of Civil Procedure and this Court’s Local Civil Rules also apply to this case except to the extent altered by the Optional Fast Track Procedure set forth in the Exhibit attached hereto and incorporated herein. DATED this day of , . PLAINTIFF(S) ATTORNEY(S) FOR PLAINTIFF(S) DEFENDANT(S) APPROVED AND ORDERED this day of , . ATTORNEY(S) FOR DEFENDANT(S)

=== General Rules for Trial of Cases before Judge Timothy D. DeGiusti ===

GENERAL RULES FOR TRIAL OF CASES BEFORE JUDGE TIMOTHY D. DEGIUSTI PLEASE READ CAREFULLY PRIOR TO TRIAL 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 for someone to handle them for you or to have such matters continued. 2. Exhibits must be prepared as set out in LCvR39.4. Exhibits are to be placed in three- ring binders separated by tabs. The parties shall provide the original and two copies of the exhibit notebooks to the Court on the first day of trial, unless ordered to do so earlier by the Court. Witness and Exhibit lists must be submitted as required by LCvR43.1. 3. Stand whenever you address the Court for any purpose, including making objections. Address remarks to the Court when on the record; do not address the deputy or law clerk, the reporter or opposing counsel. If you want to speak to opposing counsel in the presence of the jury, seek permission to talk to him or her off the record. All requests to reread questions or answers or to place exhibits in front of the witnesses shall be addressed to the Court. 4. While the Court is in session, do not leave counsel tables to confer with anyone, including investigators or witnesses, in the back of the courtroom or outside the courtroom unless permission is granted in advance. Do not bring food or beverage into the courtroom. Water is provided at counsel table. 5. When opposing counsel has the floor, do not distract the Court or jury by conversing audibly with your client or co-counsel, ostentatiously passing notes, rummaging through papers or other conspicuous conduct. Counsel should not by facial expression, nodding or other conduct, exhibit any opinion, adverse or favorable, concerning any testimony that a witness is giving. Counsel should admonish his or her client and witnesses likewise to avoid such conduct. 6. In your opening statements to the jury, do not argue the case and do not discuss the law. Confine yourself to a summary of the important facts. Address time allowance for opening statements with the Court prior to the start of trial. 7. Stand when you question witnesses. Counsel with physical disabilities will be excused from this requirement. Do not pace about the courtroom when questioning witnesses; remain at the lectern unless given permission to approach the witness, diagram, bench or the like. When permission is given, return to the lectern when the purpose for which permission was granted is finished. Except for children, address witnesses by their surnames, for example, Mrs. A, Sergeant B, or Doctor C. 8. Do not instruct a witness you are questioning regarding the responsiveness of an answer; if you believe an answer is unresponsive, the questioning lawyer may make an appropriate objection. 9. Never assert your personal opinion as to the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused. Likewise, counsel should never assert personal knowledge of a fact not in evidence. 10. Where a party has more than one lawyer, only one may conduct the direct or cross- examination of a given witness, and make objections during that witness's testimony. 11. If a witness is on the stand at the time of a recess or adjournment, have the witness return to the stand and be ready to proceed when Court resumes. 12. Do not run out of witnesses; ensure that your next witness is standing by when needed. 13. Whenever, in your opinion, a particular exhibit is admissible, it should be moved into evidence. The practice of holding all exhibits until the end of a session or the end of your case and moving them all in is not favored. To the extent parties have agreed upon the admission of exhibits or the foundational requirements for certain exhibits, such exhibits, upon request, may be deemed admitted pretrial subject to the exhibit actually being used or referred to by a witness during trial. 14. When using an exhibit, counsel should refer to it by number. Witnesses should be asked to do the same. 15. The Court does not favor taking time to pass an exhibit among the jurors for viewing when it is admitted. This procedure should be used sparingly and reserved for truly significant exhibits. Moreover, when this procedure is permitted by the Court, counsel should have a copy of the exhibit for each juror (if it is capable of reproduction). 16. When you object in the presence of the jury, make your objection brief and to the point. State only your objection and the legal ground for the same. Do not argue the objection or the ruling of the Court in the presence of the jury. 17. Do not make motions, for example, motions for mistrial, in the presence of the jury; such motions may be raised at the bench upon permission. 18. In closing argument of jury cases, do not appeal to any juror to put himself or herself in the position of a party. Closing arguments, as with other presentations, will be made from the lectern. 19. If you have reason to anticipate that any question of law or evidence is particularly difficult, give the Court as much advance notice as possible. 20. If you desire to have daily copy or any other extraordinary court reporter services during trial, you must so notify the Chief Deputy Court Clerk a minimum of two weeks before the date the case is scheduled to be called for trial. Thank you for your cooperation. TIMOTHY D. DEGIUSTI UNITED STATES DISTRICT JUDGE