General Trial Rules; Format for Witness and Exhibit Lists; Protective Order Guidelines; Phone Conferences; Dress Code

=== General Trial Rules ===

GENERAL TRIAL RULES Before the Honorable Steven C. Yarbrough 1. Be on time for each court session. Trial engagements take precedence over any other business. If you have matters in other courtrooms, make other arrangements in advance for handling these matters. 2. A multi-day trial will recess at about 5:00 p.m. 3. Clients and witnesses must be on time for each court session. Counsel should always have witnesses available to fill a full trial day (i.e., 9:00 a.m. to 5:00 p.m.). 4. Stand when you speak. Do not refer to any party or attorney by his or her first name. Always use surnames. Do not argue with opposing counsel in the presence of the jury. 5. When you object in the presence of the jury, make it short and to the point. Speaking objections will not be allowed. Cite the Rule of Evidence or common designation for your objection (e.g., “hearsay”). Do not argue the merits of your objection in the presence of the jury. Do not argue the ruling in the presence of the jury. 6. Counsel generally should be within an arm’s length of the podium when questioning witnesses or addressing the jury. 7. Notify the Court at least two weeks in advance of trial if you need audio-visual or other special equipment. You are responsible for operating this equipment. For training on use of the equipment, please contact the Information Systems Help Desk at 505-348-2110 and schedule training at least two weeks before trial. Please visit www.nmd.uscourts.gov/courtroom-technology for more information. 8. Throughout these instructions, the term “trial” refers to the initial jury selection date. Counsel must seek leave of the Court to extend any pretrial deadline. 9. Where a submission deadline falls on a weekend or holiday, the deadline becomes the next working day after the weekend or holiday.

=== Format for Witness and Exhibit Lists ===

FORMAT FOR WITNESS LISTS Before the Honorable Steven C. Yarbrough IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO [Plaintiff], v. [Defendant]. [PLAINTIFF/DEFENDANT’S] WITNESS LIST Witness (or Designation of Deposition testimony)3 Brief Description of Testimony 3 Witnesses should be listed in the estimated order they will be called at trial. FORMAT FOR EXHIBIT LISTS Before the Honorable Steven C. Yarbrough IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO [Plaintiff], v. [Defendant]. [Case No.] [Case No.] [PLAINTIFF/DEFENDANT’S]4 EXHIBIT LIST Exhibit No./Letter Description of Exhibit Stipulated (Yes or No) Objection and Basis5 FOR COURT USE ONLY Admitted5 FOR COURT USE ONLY 4 Each party should submit an exhibit list. 5 Counsel shall leave the last two columns of the table blank so that the Court may record its rulings directly on the lists provided.

=== Protective Order Guidelines ===

GUIDELINES FOR PROPOSED PROTECTIVE ORDERS SUBMITTED TO JUDGE YARBROUGH In certain cases, the parties may agree that discovery should be governed by a protective order limiting the disclosure, use, and dissemination of confidential information. If all of the parties agree concerning the need for a protective order and its scope and form, their counsel should file a stipulated motion for protective order with the proposed protective order attached as an exhibit to the motion. The parties must also email a copy of their proposed protective order (in Word format) to [email protected]. If the proposed protective order is appropriate, the Court will sign and enter it. If it is not appropriate, the Court will, in its discretion, deny the motion, notify counsel of any objectionable language or provisions, or modify and enter a revised protective order. If the parties disagree concerning the need for a protective order and/or its scope or form, the party or parties seeking such an order should file an opposed motion for protective order with the proposed protective order attached as an exhibit to the motion. Where there is an objection to the scope or form of a proposed order, the party or parties opposing the motion shall, in their written response to the motion, provide the Court with proposed language that would resolve their specific objections to the order’s scope or form. The following guidelines have been developed to assist the parties in drafting stipulated protective orders. A. Compliance with Fed. R. Civ. P. 26(c) Ensure that the proposed protective order provides a sufficient basis for the Court to find that good cause exists for the Court to enter the order pursuant to Federal Rule of Civil Procedure 26(c). B. Scope of the Protective Order Ensure that the scope of the proposed protective order is narrowly tailored and specific. The proposed protective order should clearly reflect that its provisions only apply to the named categories of documents, information, items, or materials specifically set forth in the protective order. C. Provisions for Filing Documents Containing Confidential Information Under Seal The proposed protective order shall not contain a blanket provision that requires or allows the parties to file documents containing confidential information under seal without the Court’s approval. In short, there is a strong presumption in favor of the public’s access to filed documents. The mere designation of information as confidential pursuant to a protective order is insufficient to overcome this presumption. Thus, where the sealing of documents is not explicitly mandated by law or regulation, a document will only be sealed if the Court finds that there is good cause to withhold the specific document in question from the public by sealing it. Where a document containing information subject to a protective order is included in a pleading filed with the Court, the party filing such pleading should also file a motion to seal the document. D. Introduction of Documents Containing Confidential Information into Evidence The proposed protective order should not attempt to limit the Court’s judgment or discretion in any way regarding the treatment, handling, or admission of documents containing confidential information at a hearing or trial. E. Application to Non-Parties The proposed protective order should not indicate that it necessarily binds non-parties or that the Court necessarily has jurisdiction over non-parties to enforce the protective order’s provisions. This is because the terms of a protective order are not automatically binding on non- parties. The parties may, however, attach a form agreement to the proposed protective order and a non-party may agree to be bound by the terms of the protective order by signing the agreement. The protective order may also include provisions that protect confidential information, documents and materials produced by a non-party or parties who are later added to the action. F. Jurisdiction The proposed protective order should not provide that the Court has continuing jurisdiction over the protective order upon final disposition of the case. However, if the parties agree to be bound by its terms after the litigation ends, the protective order may appropriately state that its provisions will continue in force after the litigation terminates. G. Instructions to the Clerk of the Court The proposed protective order should not direct the Clerk of the Court to return or destroy confidential documents that are filed in the case. H. Court Personnel and Jurors The proposed protective order should neither state nor imply that it is binding on court personnel or jurors.

=== Phone Conferences ===

Judge Yarbrough Phone Conferences for Informal Resolution of Discovery Matters Judge Yarbrough will accept requests for telephonic, informal resolution of disputes over discovery matters, including resolution of problems occurring during a deposition, provided that the following requirements are met: 1. To request a conference, the parties should call chambers or email [email protected]. 2. The party requesting the conference should state whether all parties involved in the dispute agree to an informal resolution of the issue. Judge Yarbrough will provide his opinion or inclination at the telephonic conference. The parties may follow-up with formal motions practice after the conference. 3. The matters should be of a narrow or discrete nature. Judge Yarbrough may inform the parties that a particular issue is not suited to informal resolution, in which case the parties may file a motion. 4. The request for a telephonic discovery conference should summarize the dispute or discrete issue in a few sentences.

=== Dress Code ===

Judge Yarbrough Dress Code Notice: To all witnesses, jurors, agents and courtroom spectators. 1. To maintain the dignity of the Court, the Court requests that the following list of minimum standards regarding appropriate dress be met before entering the courtroom. 2. Men should wear a shirt with a collar and long pants. (Jeans are acceptable). 3. Women should wear a dress, or a blouse and skirt or long pants. (Jeans are acceptable). 4. All laypersons should wear shoes in the courtroom. (Thongs are not acceptable). 5. Shorts, T-shirts, and revealing clothing are not acceptable. (Anything that reveals the midriff or underclothing). 6. Hats or caps must be removed while in the courtroom. Deviations from the above standards by lay persons (other than those who are in custody at the time of the proceeding) should be brought to the attention of court personnel and approved by the Court prior to entering the courtroom. Your cooperation is appreciated.