Judicial Preferences and Procedures; Final Pretrial Order Template

=== Judicial Preferences and Procedures ===

JULIEN XAVIER NEALS UNITED STATES DISTRICT JUDGE RULES AND PROCEDURES Chambers United States District Court District of New Jersey MLK Jr. Federal Bldg. & U.S. Courthouse 50 Walnut Street Newark, NJ 07102 (973) 645-6042 Courtroom: MLK 5D Updated: May 2024 Courtroom Deputy Kimberly Darling (973) 645-4732 Unless otherwise ordered, the following rules and procedures apply to all matters before this Court: I. COMMUNICATIONS WITH CHAMBERS A. Telephone Calls. Telephone calls to Chambers are permitted only in urgent situations requiring immediate attention. B. Docketing, Scheduling, or Calendar Matters. Please contact Courtroom Deputy Kimberly Darling at (973) 645-4732 for docketing, scheduling, or calendar matters. C. Letters. All communications with Chambers shall be by letter electronically filed via CM/ECF. No hard copies or courtesy copies of letters shall be delivered to the Court. Pro se parties are exempt from this requirement. D. Fax and Email. Chambers does not accept faxes or email. II. SUBMISSIONS A. Electronic Submissions. All parties, with the exception of pro se litigants, shall file all documents, in both civil and criminal matters, electronically via CM/ECF. All papers electronically filed shall be submitted in a text-searchable PDF format to the extent possible. B. Pro Se Filings. Parties appearing pro se must file all documents, applications, and motions directly with the Clerk’s Office, not Judge Neals. C. Proposed Orders. If any relief is being sought, a proposed order must accompany the CM/ECF filing. D. Confidential Information. Any documents filed under seal shall comply with Local Civil Rule 5.1. 1 Updated: May 2024 E. Courtesy Copies. By request of the Court only. III. RICO CASES In all matters in which the complaint contains a RICO claim, pursuant to 18 U.S.C. §§ 1961- 1968, the plaintiff(s) must file a RICO Case Statement within thirty (30) days of filing the complaint, in accordance with Appendix O of the Local Rules & Appendices found here. IV. CIVIL MOTION PRACTICE A. Pre-Motion Conference. In an effort to resolve cases expeditiously, before bringing a motion to dismiss, a motion for a more definite statement, or a motion for judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference. The letter must set the basis for the anticipated motion and include citations to relevant authority. Within seven (7) days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages. No party may submit a reply letter unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court. However, a proffer by the attorney of the contents of any such affidavit(s) and/or exhibit(s) shall suffice. The Court will attempt to resolve the dispute(s) at a pre-motion conference (in person or via telephone/videoconference) to the extent possible. If the dispute cannot be resolved at the pre-motion conference (or if the Court determines that a conference would not be helpful), the moving party may proceed with filing its motion. This procedure does not constitute seeking leave of court or preclude a party from filing any of the above motions under Local Civil Rule 12.1. Rather, the Court uses this procedure to advance the case efficiently, preserve judicial resources, and minimize litigation costs to the parties. In addition, compliance with this procedure shall not be deemed a waiver of any parties’ defenses as to lack of personal jurisdiction, improper venue, insufficient process, or insufficient service of process. A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference. If the Court determines that a pre-motion conference would not be helpful and instructs a party to file its proposed motion without a conference, that party shall have an additional seven (7) days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders. This letter exchange does not apply to bankruptcy appeals, social security appeals, cases seeking transfers based on Multidistrict Litigation (MDL) orders, or cases in which either side is appearing pro se. 1. Motions to Dismiss - The filing of a motion to dismiss after a Pre-Motion Conference will not automatically preclude a Rule 16 Pretrial Conference before the disposition of the motion, particularly if based on the relief sought the resolution of the motion will not resolve all pending claims and the rights of all parties. In this instance, the 2 Updated: May 2024 Magistrate Judge will determine whether to hold the Pretrial Conference in consultation with Judge Neals’ Chambers. Should the Pretrial Conference occur while the motion is pending, the Magistrate Judge may explore (or revisit) the following issues: i. ii. iii. When appropriate, phasing the pretrial process (including discovery) so that any critical or case-dispositive issues are resolved first; Explore ways of limiting dismissal motions and whether it may be better to address the issues by summary judgment than by pleading challenges; Address any pending motions to dismiss and determine whether the plaintiff intends to file an amended complaint that might moot the need to resolve a pending motion; iv. Possible stipulation to facts that are not genuinely contested. B. Summary Judgment Motions. 1. Leave of Court Required - Parties may only file a Motion for Summary Judgment with leave of Court. 2. Motion Formatting Requirements - Judge Neals requires compliance with the page limitations and format requirements for briefs outlined in Local Civil Rule 7.2. Motions for summary judgment must be accompanied by a statement of material fact. Each fact must include a citation to the record evidence with a pin cite that supports that fact. Facts without citation to record evidence may be disregarded by the Court. If a summary judgment motion is opposed, the opposing party shall set forth, in a single document, each paragraph of the moving party’s statement of material facts. Directly below each paragraph, the opposing party shall denote whether that fact is disputed or undisputed. If the fact is disputed, the opposing party must include a citation to record evidence with a pin-cite that supports the dispute. Any explanation must include a citation to record evidence with a pin cite. Opposing parties may include additional facts in supplemental paragraphs after responding to each of the movant’s statements of material fact. However, responsive statements of material fact without citation and pin cite to record evidence may be disregarded. 3. Patent Cases - The Court does not permit filing summary judgment motions in ANDA patent cases. A party may, however, submit a letter to the Court, not to exceed three (3) single-spaced pages, seeking a waiver of this rule if the party believes that a summary judgment motion would assist the Court in expeditiously resolving the case and would resolve more than mere tangential issues. The letter must set the basis for the proposed motion for summary judgment, with citations to the relevant authority and the issue(s) expected to be resolved by the motion. Within five (5) business days after receipt of 3 Updated: May 2024 this letter, all adversaries must submit a written response, not to exceed three (3) single- spaced pages. No party may submit a reply letter unless directed by the Court. C. Motions For Default Judgment. All motions for default judgment under Federal Rule of Civil Procedure 55(b)(2) shall include a brief that addresses each of the elements necessary to support the entry of a final judgment by default. V. MOTION DAYS/ORAL ARGUMENT A. Oral Argument. The only purpose of a motion’s return date or “motion day” is to determine the briefing schedule for that motion. The Court generally will not hear oral argument on the return date. Rather, if the Court decides to hear oral argument on any issue, it will advise the parties of the argument date and time via CM/ECF. B. Requests For Adjournments/Extensions. Requests for adjournments or extensions of time, other than those under Local Civil Rule 7.1(d)(5), must comport with Local Civil Rule 6.1 and include: (1) the date or dates sought to be extended; (2) the number of previous requests for extensions and the Court's rulings; (3) the basis for the current request; and (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent. If the requested extension affects any other scheduled dates, the request must list the proposed change for all other dates/deadlines. C. Division of Time for Oral Argument. If multiple counsel will be arguing on each side or the parties intend to introduce live witness testimony, two (2) days before the scheduled appearance, counsel shall file a joint letter in CM/ECF with the parties’ proposed (a) order of presentation for each party or issue and (b) division of the allotted argument time for each counsel and party. D. Junior Attorneys. Requests for oral argument to allow a junior attorney (i.e., under five (5) years of experience) to present argument will be liberally granted subject to calendar availability. The Court will permit a supervising attorney to assist the junior attorney at the argument. VI. COURTROOM TECHNOLOGY If the parties intend to use electronic demonstrative evidence or need to set up/test technology in the courtroom, they must notify Judge Neals’s Courtroom Deputy at least two (2) weeks before their scheduled appearance. Litigants are encouraged to visit the Courtroom Technology section of the District’s website to become familiar with the various audio/visual and automated evidence presentation equipment available in the courthouse. VII. TRIAL PRACTICES A. Pre-Trial Briefs or Proposed Findings of Fact and Conclusions of Law and In Limine Motions. Once the Joint Final Pretrial Order has been filed, each party shall submit its pre- trial brief or its proposed findings of fact and conclusions of law, and any in limine motions 4 Updated: May 2024 at least four (4) weeks before the start of trial. Any responsive papers shall be submitted at least three (3) weeks before the start of trial. Exceptions to this rule must be granted by the Court. Failure to adhere to this rule may result in an adjournment of the trial with the imposition of attorney’s fees and costs to the offending party(ies). B. “Housekeeping” Conference. Judge Neals will hold an in-person Housekeeping Conference with the parties before the start of jury selection. The conference will allow the Court and the parties to review exhibits, preview objections, discuss voir dire and proposed jury charges. C. Civil Jury Settlement Conferences. In civil jury trial matters, and when deemed appropriate by the Court, or at the party’s request, Judge Neals may hold a Settlement Conference before the parties’ “Housekeeping” Conference. If a Settlement Conference is scheduled, clients with full settlement authority are required to attend. D. Pre-trial Submissions. Four (4) weeks before trial, the parties shall submit in hard copy form and an electronic version, preferably in Word, via email to Judge Neals’s law clerk the following pre-trial submissions: 1. Combined Exhibit List - To minimize the duplication of exhibits, the parties shall prepare and submit a combined list of trial exhibits in numerical order, including a brief description of the exhibit, a blank column for when it will be offered into evidence, a blank column for when it may be received into evidence, and a blank column for any limitations on its use. The parties shall only send courtesy copies of trial exhibits if the Court requests them. 2. Witness List - Each party shall submit a separate witness list for its case-in-chief witnesses providing the address (city and state only) for all such witnesses. 3. Jury Charges - Counsel for all parties must confer with each other before trial and submit joint requests to charge. Each proposed charge shall include citations to the applicable authority using footnotes. Any additional or contested proposed charges that the parties could not agree upon should be submitted by the propounding party to the Court at the same time. Judge Neals will generally charge the jury after counsel make their closing arguments. Judge Neals provides jurors with a written copy of the jury charge. Counsel are to delineate in their submissions charges they wish to be given before trial, including a joint preliminary statement of the case, and charges they wish to be given at the close of trial. Exceptions to this rule must be granted by the Court. 4. Juror Questionnaire - Counsel for all parties must confer with each other and submit a joint jury questionnaire. Any additional proposed questions that could not be agreed upon should be submitted by the propounding party to the Court at the same time. 5. Verdict Sheet - Counsel for all parties must confer with each other before trial and submit a joint verdict sheet. If counsel cannot agree on a joint verdict sheet, counsel shall separately submit proposed verdict sheets in the same manner. 5 Updated: May 2024 E. Jury Selection. 1. Juror Voir Dire - At trial, prospective jurors will complete the juror questionnaire. Judge Neals will ask any follow-up questions at sidebar. Exceptions to this rule must be granted by the Court. 2. Challenges for Cause and Peremptory Challenges – Challenges for cause and any Batson challenges will be heard at sidebar. Peremptory challenges are exercised in turn, with each side exercising one round of challenge(s) at a time. Judge Neals will typically permit only one pass by a party without forfeiture. In the event there are two passes in succession, the process ends. A pass is otherwise considered a forfeited peremptory challenge. 3. Assessment of Jury Costs. Because of the time, expense, and judicial resources expended in preparing for civil jury trials, Judge Neals may “assess any party or attorney with the costs of jury attendance if a case is settled after the jury has been summoned or during the trial, the amount to be paid to the Clerk.” L. Civ. R. 47.2. A “jury is considered summoned for trial as of noon of the business day prior to the designated date of the trial.” Ibid. F. Trial Procedures. 1. Opening Statements and Summations - Judge Neals typically attempts to obtain the agreement of litigants regarding time limits on opening statements and closing arguments. However, thirty (30) to sixty (60) minutes should be adequate for an opening statement and summation in most non-complex cases. 2. Exhibits - Parties must consult with each other and with the Courtroom Deputy at the end of each trial date and compare notes as to which exhibits are in evidence and any limitations thereon. If there are any differences, parties should bring them promptly to the Court’s attention. In a jury trial, before the case goes to the jury, parties must confer with the Courtroom Deputy to ensure the exhibits going to the jury room are all in evidence and in good order. Parties shall provide a revised list of all exhibits in evidence (and no others) stating the exhibit number and a brief, non-argumentative description (e.g., letter from A to B, dated August 17, 2021). This list may go into the jury room to help the jury sort through exhibits. Parties may follow a similar procedure in a bench trial to help the Court sort through exhibits. Unless the Court instructs otherwise, counsel shall retain custody of trial exhibits until closings. Judge Neals does not send weapons, narcotics, currency, and similar items into the jury room. If jurors wish to see such an exhibit during deliberations, they are permitted to do so in the emptied courtroom with only a Deputy Marshal present. The prosecuting attorney and/or investigating agency is generally required to maintain custody of exhibits such as weapons, narcotics, or currency during trial. 6 Updated: May 2024 3. Juror Note Taking - Judge Neals usually allows jurors to take notes. G. “Directed Verdict” Motions. Motions for judgment as a matter of law in jury trials and motions for involuntary dismissal in non-jury trials should be in writing if possible. Oral argument on such motions is ordinarily permitted. VIII. CRIMINAL CASES In general, Judge Neals’s preferences and procedures for criminal cases are the same as those set forth above for civil cases. A. Oral Argument. Judge Neals generally will permit oral argument on a substantive motion in a criminal case if requested. B. Sentencing Memoranda. All Sentencing Memoranda, along with all supporting exhibits and correspondence (collectively, the “Sentencing Materials”), shall be submitted directly to the Court via email ([email protected]). The submitting party is also expected to furnish copies to all Counsel of Record and the United States Probation Department. Although the submitting party is not required to file its memorandum on the Court’s CM/ECF system, it must file a notice via CM/ECF (a “Submission Notice”) on the form prescribed by the Clerk of the Court. Unless otherwise ordered by the Court, a party moving for a variance, downward departure, or submission in mitigation of a sentence (a “Moving Submission”) is instructed to directly serve the Court no fewer than ten (10) business days before the sentencing date. The responsive party’s submission (a “Responsive Submission”) to any related motions shall be submitted and served no fewer than five (5) business days before the sentencing date. IX. USE OF ELECTRONIC DEVICES A. Photography, use of audio or video recording devices, and use of broadcasting, online posting or streaming, or televising devices are strictly prohibited in the courtroom and areas immediately adjacent to it. B. Electronic devices having a primary function of wireless communication, including but not limited to cell phones, laptops, and tablets, are permitted in the courtroom but must be silenced and may not be used to transmit, record, or broadcast audio or visual feeds, updates or messages in any form. C. Any person violating the rules regarding electronic devices will have their devices confiscated and risk being removed from the courtroom or courthouse at the discretion of the court, U.S. Marshals Service, and/or Court Security Officers. D. Additional information relating to media coverage and use/possession of electronic equipment is provided through Local Civil Rules 401.1 and 501.1. 7

=== Final Pretrial Order Template ===

THIS FORM IS TO BE RETYPED IN FULL, INCLUDING ALL INSTRUCTIONS AND ALL MATERIAL INSERTED IN PROPER SEQUENCE AND NOT BY MEANS OF ATTACHED RIDERS EXCEPT AS SPECIFICALLY PROVIDED BELOW. PLEASE NUMBER ALL PAGES. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY [PLAINTIFF(S)] JULIEN XAVIER NEALS, U.S.D.J. Plaintiff (s), Civil Action No.: -vs- [DEFENDANT(S)] Defendant(s). FINAL PRETRIAL ORDER THIS MATTER having come before the Court for a final pretrial conference pursuant to Fed. R. Civ. P.16; and ____________________ having appeared for Plaintiff(s), and _________________________ having appeared for Defendant(s); and counsel all having been notified that: (1) a _[bench/jury] _ trial in this matter has been scheduled before the Honorable Julien Xavier Neals, U.S.D.J., on _____[date]_______; (2) the pretrial submissions detailed in ¶¶ 4, 20, and 21 below are to be submitted no later than four (4) weeks prior to trial (unless otherwise ordered by the Court) or they will be deemed waived; and (3) a Pre-trial Housekeeping Conference is scheduled before the Honorable Julien Xavier Neals, U.S.D.J. on _____[date]_______; Accordingly, the following Final Pretrial Order is hereby entered: 1. JURISDICTION [The parties shall identify the basis for the Court’s jurisdiction.] 2. NATURE OF ACTION [The parties shall provide a brief description of the nature and background of the action.] 1 3. PATENT INFRINGEMENT SUITS ONLY - THE PARTIES’ CONTENTIONS [Plaintiff shall provide an identification and brief description of its contentions, including at least the following information:] A. The specific patent claims to be asserted at trial; B. The specific products to be accused of infringement at trial; C. Whether the patentee intends to rely on the doctrine of equivalents to establish infringement for any claim; D. Whether the patentee intends to assert indirect infringement, and, if so, under what theory (i.e., contributory infringement and/or inducement) and as to which claims and products; E. The type of infringement damages to be sought (i.e., lost profits, reasonable royalty, or both); and F. If the accused infringer asserts that one or more of the asserted patent claims is obvious, whether the patentee intends to rely on any “secondary indicia” of non-obviousness to rebut this contention, and if so, which specific indicia. [Defendant shall provide an identification and brief description of its contentions, including at least the following information:] A. Whether the accused infringer intends to assert that one or more of its products does not infringe one or more asserted claims; and B. Whether the accused infringer intends to assert that one or more of the asserted patent claims is invalid, and, if so, then: 1. The specific patents, publications, devices, or other prior art to be asserted at trial as anticipating or rendering obvious one or more of the asserted claims; 2. Whether the accused infringer will assert at trial that one or more asserted claims is invalid under 35 U.S.C. § 101; and 3. Whether the accused infringer will assert at trial that one or more asserted claims is invalid under 35 U.S.C. § 112 and, if so, the specific grounds to be asserted. 4. PENDING/CONTEMPLATED MOTIONS [Set forth all pending or contemplated motions. Judge Neals anticipates that the pending/contemplated motions will be limited to in limine motions. Judge Neals’s judicial preference is to have all discovery, dispositive and Daubert motions decided well in advance of the final pretrial conference unless otherwise directed by the Court. ALL IN LIMINE MOTIONS SHALL BE FULLY BRIEFED AND FILED NO LATER THAN FOUR (4) WEEKS PRIOR TO TRIAL OR AS OTHERWISE 2 ORDERED BY THE COURT. Only those motions listed herein will be entertained prior to trial.] 5. STIPULATION OF FACTS [Set forth in numbered paragraphs all uncontested facts, including all answers to interrogatories and admissions, to which there is agreement among the parties.] 6. JUDICIAL NOTICE [Include a short explanation and legal citation for Court’s authority to take judicial notice, including whether the request is made pursuant to F.R.E. 201(b)(1) or (b)(2). Objections shall also include a short explanation and legal citation in support of the opposition. If the parties’ position(s) cannot be set forth succinctly, then issues concerning judicial notice should be addressed in a motion in limine.] A. Plaintiff requests that the Court take judicial notice of the following facts: B. Defendant objects to the taking of judicial notice for the following reasons: C. Defendant requests that the Court take judicial notice of the following facts: D. Plaintiff objects to the taking of judicial notice for the following reasons: 7. PLAINTIFF’S CONTESTED FACTS [Plaintiff must state contested facts separately for each Defendant. Proof shall be limited at trial to the contested facts set forth below. Failure to set forth any contested facts shall be deemed a waiver thereof.] A. Plaintiff intends to prove the following contested facts with regard to liability: B. Plaintiff intends to prove the following contested facts with regard to damages [include each item of damages, the amount of each item, and the factual basis for each item and, if punitive damages are claimed, the facts upon which plaintiff will rely to establish punitive damages]: 8. DEFENDANT’S CONTESTED FACTS [Stated separately for each plaintiff. Proof shall be limited at trial to the contested facts set forth below. Failure to set forth any contested facts shall be deemed a waiver thereof.] A. Defendant intends to prove the following contested facts with regard to liability: B. Defendant intends to prove the following contested facts with regard to damages [include the factual basis for each defense against Plaintiff’s claims for damages]: 9. PLAINTIFF’S WITNESSES [Aside from those called for impeachment purposes, only those witnesses whose names and addresses are listed below will be permitted to testify at trial.] A. On liability, Plaintiff intends to call the following witnesses who will testify in accordance with the following summaries: 3 B. On damages, Plaintiff intends to call the following witnesses who will testify in accordance with the following summaries: C. Defendant objects to the following witnesses for the reasons stated [If there are no objections to any of the witnesses, Defendant shall so state that in this portion of the Order]: 10. DEFENDANT’S WITNESSES [See instructions above.] A. On liability, Defendant intends to call the following witnesses who will testify in accordance with the following summaries: B. On damages, Defendant intends to call the following witnesses who will testify in accordance with the following summaries: C. Plaintiff objects to the following witnesses for the reasons stated [If there are no objections to any of the witnesses, Plaintiff shall so state that in this portion of the Order]: 11. EXPERT WITNESSES [No expert shall be permitted to testify at trial unless identified below and a summary of the witnesses’ qualifications1 and a copy of their report is attached hereto. The summary may be read into the record at the time the expert takes the stand, and no opposing counsel shall be permitted to question the expert’s qualifications unless the basis of the objection is set forth herein. Additionally, each party shall submit in writing to the Court and to opposing counsel any hypothetical questions to be put to an expert witness on direct examination.] A. Plaintiff’s Expert Witness(es) are: B. Defendant’s objection to the qualifications of Plaintiff’s Expert Witness(es) are (the objections shall be referenced to the name of each listed expert): C. Defendant’s Expert Witness(es) are: D. Plaintiff’s objections to the qualifications of Defendant’s Expert Witness(es) are (the objections shall be referenced to the name of each listed expert): 12. LAY OPINIONS [Include a short explanation and legal citation for the Court’s authority to permit the opinion. Objections shall also include a short explanation and legal citation in support of the opposition If the parties’ position(s) cannot be set forth succinctly, then issues concerning lay opinion testimony should be addressed in a motion in limine.] A. Plaintiff requests that the Court permit the following witness(es) to provide the following lay opinion(s): 1 If the parties stipulate to an expert's qualifications, there is no need to attach a summary of the witnesses’ qualifications. 4 B. Defendant objects to the lay opinion testimony for the following reasons: C. Defendant requests that the Court permit the following witness(es) to provide the following lay opinion(s): D. Plaintiff objects to the lay opinion testimony for the following reasons: 13. PLAINTIFF’S DEPOSITIONS [List, by page and line, all deposition testimony to be offered into evidence. All irrelevant and redundant matters and all colloquy between counsel must be eliminated. Deposition testimony to be used solely for impeachment purposes need not be listed.] A. On liability Plaintiff intends to read into evidence the following: B. On damages Plaintiff intends to read into evidence the following: C. Defendant objects to the deposition testimony set forth above for the reasons stated: 14. DEFENDANT’S DEPOSITIONS [See instructions above.] A. On liability Defendant intends to read into evidence the following: B. On damages Defendant intends to read into evidence the following: C. Plaintiff objects to the deposition testimony set forth above for the reasons stated: 15. EXHIBITS [[Except for exhibits the need for which could not reasonably have been foreseen or which are used solely for impeachment purposes, only the exhibits set forth on the exhibit list attached hereto may be introduced at trial. Any objection to an exhibit, and the reason for said objection, must be set forth below or it shall be deemed waived. All parties hereby agree that it will not be necessary to bring in the custodian of any exhibit as to which no such objection is made. Exhibits must be physically pre-marked with an exhibit sticker corresponding to the designation in the attached exhibit lists.] A. Plaintiff’s Exhibits: Plaintiff intends to introduce into evidence the exhibits listed on the attached exhibit list (list by number with a description of each exhibit): B. Defendant objects to the introduction of Plaintiff’s exhibit (set forth number of exhibit and grounds for objection): C. Defendant Exhibits: Defendant intends to introduce into evidence the exhibits listed on the attached exhibit list (list by number with a description of each exhibit): D. Plaintiff objects to the introduction of Defendant’s exhibit (set forth number of exhibit and grounds for objection): 5 16. LEGAL ISSUES [Any issue not listed shall be deemed waived.] A. Plaintiff: B. Defendant: 17. CHOICE OF LAW [If there is any issue as to what state’s law is applicable to any count of the Complaint, set forth the choice of law question. This issue shall be separately briefed in accordance with an order to be entered herewith.] 18. STIPULATIONS REGARDING TRIAL PROCEDURES [The parties shall identify stipulations regarding trial procedures (e.g., exchange of demonstratives, disclosure of deposition designations and objections, etc.)] 19. MISCELLANEOUS [Set forth any matters that require action or should be brought to the attention of the Court. Set forth any notice required to be given by the Federal Rules of Evidence.] 20. JURY TRIALS [Litigants should send to Chambers two (2) courtesy copies of the following materials. Submissions should be tabbed and spiral bound (not Velo-bound). The materials should also be sent to the Court in hard copy form and an electronic version, to Judge Neals’s law clerk. These materials are due no later than four (4) weeks prior to trial (or as otherwise ordered by the Court). For clarification on the pre-trial submissions listed below, the parties are required to consult Section VII. of Judge Neals’s Judicial Preferences and Procedures] A. Trial Briefs Each party shall submit to the Court and to opposing counsel a trial brief in accordance with Local Rule 7.2 (SEE ATTACHED "RIDER ON LENGTH OF BRIEFS") with citations to authorities and arguments in support of its position on all disputed issues of law. B. Jury Charges Counsel must confer with each other before trial and submit joint requests to charge in hard copy form and an electronic version in Word format. Any additional proposed charges that could not be agreed upon should be submitted by the propounding party to the Court at the same time. C. Preliminary Statement of the Case Counsel shall confer and agree upon a joint preliminary statement of the case that the Court can read during jury selection as part of the Court’s initial statements. D. Verdict Sheet Counsel shall submit to the Court a single proposed verdict sheet. If counsel cannot agree on a joint verdict sheet, counsel shall separately submit proposed verdict sheets at the same time. E. Juror Voir Dire The parties are required submit a single set of agreed-upon voir dire questions, not to exceed thirty (30). F. Exhibit List The parties shall prepare a joint trial exhibit list containing a description 6 of all exhibits. The list shall be divided into three columns: the first column will identify the exhibit; the second column will state the opponent’s objection and contain a short statement citing the relevant rule and/or concept that supports the objection; the third column will contain the proponent’s rationale for admissibility. The exhibits themselves are to be pre-marked and must include exhibit stickers. Additionally, the parties must prepare three copies of the bench book containing the exhibits that they expect to use. 21. NON-JURY TRIALS [The following materials should be submitted to the Court in the same manner as materials for jury trials, listed above. For clarification on the below, the parties are required to consult Section VII. of Judge Neals’s Judicial Preferences and Procedures]: A. Trial Briefs Each party shall submit to the Court and to opposing counsel a trial brief in accordance with Local Rule 7.2 (SEE ATTACHED "RIDER ON LENGTH OF BRIEFS") with citations to authorities and arguments in support of its position on all disputed issues of law. B. Findings of Fact and Conclusions of Law Following a non-jury trial, proposed findings of fact and conclusions of law must be submitted to the Court within one week of the close of trial (or as otherwise ordered by the `Court). Submitting litigants must include specific reference to testimonial or documentary evidence in support of the proposals. C. Hypothetical Questions If any hypothetical questions are to be put to an expert witness on direct examination, they shall be submitted to the Court and opposing counsel. 22. TRIAL COUNSEL [Each party shall identify the names, law firms, addresses, telephone numbers, and email addresses for the attorneys who will try the case on behalf of that party.] 23. BIFURCATION [If any party intends to request phasing, bifurcation, or other procedure concerning the trial length or ordering of evidence, that party shall include any such request herein and explain the basis for the request.] 24. ESTIMATED LENGTH OF TRIAL [Each party shall specify the number of hours that it contends is appropriate for each party for each of the following: (a) voir dire; (b) opening statements; (c) presentation of evidence for liability; (d) presentation of evidence for damages; (e) closing arguments.] *NOTE: Failure to comply with any of the above instructions may subject the non-complying party to sanctions. AMENDMENTS TO THIS PRETRIAL ORDER WILL GENERALLY NOT BE PERMITTED ABSENT GOOD CAUSE SHOWN. THE COURT MAY FROM TIME-TO-TIME SCHEDULE CONFERENCES AS MAY BE REQUIRED EITHER ON ITS OWN MOTION OR AT THE REQUEST OF COUNSEL. 7 CONCLUDING CERTIFICATION (Please retype the following statement above counsel’s signatures as illustrated below.) We hereby certify by the affixing of our signatures to this Final Pretrial Order that it reflects the efforts of all counsel and that we have carefully and completely reviewed all parts of this Order prior to its submission to the Court. Further, it is acknowledged that amendments to this Joint Final Pretrial Order will not be permitted except where the Court determines that manifest injustice would result if the amendment is not allowed. Attorney(s) for Plaintiff(s): Attorney(s) for Defendant(s): ____________________________ ____________________________ Entry of the foregoing Joint Final Pretrial Order is hereby APPROVED this _____ day of _______________ 20__. _________________________ United States Magistrate Judge (EXHIBITS LIST FOLLOWS) 8 RIDER ON LENGTH OF BRIEFS The attention of the parties is directed to Local Rule 7.2(b). Briefs “shall not exceed 40 ordinary typed pages***” (emphasis added). This page limitation shall be strictly enforced. When submitting a brief in accordance with Local Rule 7.2(b), a party may request special permission to submit an additional brief on any point or points deemed to need additional pages of argument. This request must be made by letter not to exceed two ordinary typed or printed pages and must be submitted with the brief. The Court shall, in its sole discretion, decide whether to allow additional briefing on review of the party’s Local Rule 7.2(b) brief and letter. The Court also reserves the right, in its sole discretion, to require additional briefing on any point or points after review of the written submissions of the parties or oral argument. 9