General Chambers Rules; General Trial Rules

=== General Chambers Rules ===

CHAMBERS PROCEDURES FOR JUDGE BERNARD M. JONES I. Introduction In addition to the procedures set forth below, I expect counsel and pro se parties to comply with the federal and local rules of procedure, the Electronic Filing Policies and Procedures Manual, District Court’s General Orders, and any other information available on the District Court’s website (www.okwd.uscourts.gov). For pro se parties, this includes the Pro Se Guide available on the website. All counsel should pay close attention to the requirements for entries of appearance and disclosure statements. II. Communication protocols All requests made of the Court, or notifications regarding a case, shall be made in writing and filed in the proper manner. Telephone communication will not suffice. If a procedural question must be raised, you should contact Courtroom Deputy D. Wayne Lee at 405-609-5042 or [email protected]. III. Discovery matters in civil cases As a general matter, I expect the parties to resolve discovery disputes without the Court’s intervention and I will not hesitate to award attorney fees or impose other sanctions if I find that discovery disputes have unnecessarily wasted judicial resources. I strictly adhere to the requirements of the federal and local rules that counsel personally meet and confer in good faith to resolve discovery disputes without court involvement. If I do set a hearing for a discovery dispute, I may require counsel to meet and confer again prior the hearing. IV. Scheduling in civil cases The interval between the deadline for dispositive and Daubert motions and the trial docket is relatively inflexible, and you should not assume that a motion to extend a deadline – or the time for responding to such a motion – will be granted. You must make a strong showing and mere failure to do your discovery earlier in the case usually will not justify an extension. Additionally, any extension of deadlines related to such motions will likely also postpone the trial docket, perhaps significantly, regardless of whether that was requested. V. Settlement conferences I strongly encourage mediation as a cost-effective means of resolving disputes at a relatively early pretrial stage as it gives the parties an opportunity to make a serious attempt to settle the case at a significantly earlier stage than the late stage at which judicial settlement conferences are usually scheduled. The judicial settlement conference, if one is held, shall be attended by lead trial counsel. If lead counsel does not have full settlement authority, a party or representative with full settlement authority must also attend. Do not plan to proceed as lead counsel at trial if you did not attend the settlement conference. VI. Pending motions My Chambers is committed to the efficient resolution of outstanding controversies. To assist in this commitment, I require the moving party to email my Courtroom Deputy D. Wayne Lee at [email protected] if any motion has been pending for more than ninety (90) days after it is fully briefed. VII. Proposed orders The font for all proposed orders shall be Times New Roman, 12 point, and fully justified. 2 Thank you for your cooperation. BERNARD M. JONES UNITED STATES DISTRICT JUDGE 3

=== General Trial Rules ===

GENERAL RULES FOR TRIALS BEFORE JUDGE BERNARD M. JONES PLEASE READ CAREFULLY PRIOR TO TRIAL 1. 2. 3. 4. 5. 6. 7. 8. 9. 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 the handling of such matters. Immediately prior to the beginning of trial, each party shall submit to the Courtroom Deputy three sets of the party’s (a) list of witnesses, (b) list of exhibits, and (c) exhibit notebooks. Exhibits are to be marked numerically, including the case number, and are to be placed in three-ring binders separated by tabs (court time may not be used for marking exhibits). Judge Jones and his law clerk will use two sets. The third set will be placed on the witness stand and will be the record copy of the exhibits, with the original exhibit sticker affixed. (The Courtroom Deputy will remove any exhibits not admitted into trial before the record copy goes to the jury room). Stand when you address the Court. This includes the making of objections. (Counsel with physical disabilities are excused from this requirement.) Always stand a respectful distance from the jury. Statements and arguments to the jury will be made from the lectern. In your opening statement to the jury, do not argue the case and do not discuss law. Only present a concise summary of the facts to follow. Do not describe in detail what individual witnesses will say. Unless the case is unusually complex, each party will be limited to 10 minutes. Stand when you question witnesses. (Counsel with physical disabilities are excused from this requirement.) Remain at the lectern unless given permission to approach the witness, diagram, bench, or the like. If you intend to question a witness about a group of documents, avoid delay by having all the documents with you when you start the examination. Except for children, address witnesses by their surnames, for example, Mr. A, Sergeant B, or Dr. C. Do not greet or introduce yourself to adverse witnesses. Commence your cross- examination without preliminaries. 10. When you object in the presence of the jury, make your objection short and to the point. Do not argue the objection or with the Court’s ruling in the presence of the jury. Do not make motions in the presence of the jury. Such matters may be raised at the first recess without waiving any rights. 11. Do not face or otherwise appear to address yourself to jurors when questioning a witness. 12. Never assert your opinion as to the credibility of a witness, the culpability of a civil litigant, or the guilt or innocence of an accused. Do not assert personal knowledge of a fact in issue or assert a fact not in evidence. 13. Do not react to a witness or other counsel’s statement with any gesture or facial expression signifying agreement, disagreement, approval, or disapproval. Advise your clients they are subject to this same limitation. 14. When another counsel has the floor, do not distract the Court or jury by audibly conversing with your client or co-counsel, noticeably passing notes, rummaging through papers, or other conspicuous conduct. 15. Do not leave the courtroom while trial is in progress without obtaining leave of the Court. 16. Where more than one attorney represents a party, only the attorney handling the witness may respond to an objection or raise an objection regarding that witness’ testimony. 17. Presentation of exhibits to the jury should ordinarily be by use of the overhead projector or similar means of presentation. The Court does not ordinarily permit exhibits to be passed to the jury but may permit it if the exhibit is particularly significant and other means of presentation are impractical. 18. Do not publish an exhibit to the jury, with visual presentation equipment or otherwise, before the exhibit has been admitted into evidence. 19. The judiciary’s privacy policy restricts the publication of certain personal data in documents filed with the Court. The policy requires limiting Social Security and financial account numbers to the last four digits, using only initials for the names of minor children, and limiting dates of birth to the year. (For criminal cases, also limit home addresses to city and state.) However, if such information is elicited during testimony or other court proceedings, it will become available to the public when the official transcript is filed at the courthouse unless, and until, it is redacted. The better practice is for you to avoid introducing this information into the record in the first place. Please take this into account when questioning witnesses or making other statements in court. If a restricted item is mentioned in court, you may ask to have it stricken from the record or partially redacted to conform to the privacy policy, or the Court may do so on its own motion. 20. If you have any reason to anticipate that any question of law or evidence is particularly difficult, give the Court as much notice as possible. 21. 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. 22. Do not bring food or beverages into the courtroom. Water is provided. Thank you for your cooperation. BERNARD M. JONES UNITED STATES DISTRICT JUDGE