Rule 26 General Instruction Order; Standing Order Regarding In-Person Hearings Before Judge R. Stan Baker In Light of the Coronavirus (COVID-19) Pandemic; Judge Baker Trial Instructions

=== Rule 26 General Instruction Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION _______________________, Plaintiff, CIVIL ACTION NO.: 4:23-cv-____ v. _______________________, Defendant. RULE 26 INSTRUCTION ORDER The above captioned case having recently been filed in this Court, the Court issues the following Order to provide instructions to the parties regarding their initial discovery obligations and to institute initial case management proceedings. I. Rule 26(f) Conference Federal Rule of Civil Procedure 26(f) requires the parties to confer, develop a proposed discovery plan, and submit a report to this Court. Subsequent to the filing of the report, a Scheduling Order must be entered pursuant to Federal Rule of Civil Procedure 16(b). Therefore, by the earlier of (1) sixty (60) days after any defendant has been served with the complaint; or (2) forty-five (45) days after any defendant has appeared, the parties shall confer as provided in Rule 26(f). See Local R. 26.1(a).1 For removed cases, the parties shall be guided by the deadlines in Local Rule 26.1(e). 1 The Rule 26(f) Conference may be held telephonically and should be attended by any unrepresented parties and counsel for any represented parties. During the Rule 26(f) Conference, the parties shall discuss the nature and bases of their claims and defenses, the possibilities for a prompt settlement or resolution of the case, and the scope, type, manner, and costs of discovery. The discussion of claims and defenses shall be a substantive, meaningful discussion. In addressing settlement or early resolution of the case, counsel shall not only explore the feasibility of alternative dispute resolution between themselves, but shall also discuss the potential for settlement and alternative dispute resolution with their clients as well. The parties shall also make or arrange for the disclosures required by Rule 26(a)(l) and develop their joint proposed scheduling/discovery plan. The parties shall use the updated Form Rule 26(f) Report for use in Judge Baker cases as a guide for their conference. These are only the minimum requirements for the meeting. The Court orders the parties to have a comprehensive discussion and to approach the meeting in good faith and with cooperation. II. Rule 26(f) Report Within fourteen (14) days after the required Rule 26(f) Conference, the parties shall submit to the Court a written Report outlining their discovery plan. See Local R. 26.1(b). The Report shall conform to the language and format of the Form Rule 26(f) Report for use in Judge Baker’s cases located on the Court’s website www.gasd.uscourts.gov under “Forms.”2 The parties must use that Form as well as this Instruction Order to guide their discussion at the Rule 26(f) Conference. The parties shall work together to prepare the Report, and the deadlines in the Report should be mutually agreeable, with a view to achieving resolution of the case with a minimum of 2 The Form Rule 26(f) Report has been updated as of November 20, 2018. The parties must use this updated Form when filing their Report. Additionally, the updated form is a fillable Word document; when using this fillable Word document, the parties are reminded to follow the Court’s procedures for electronic filings, detailed in Section VI below. Specifically, counsel shall not print and then scan the Rule 26(f) Report before filing but instead directly convert the completed report into a text-searchable PDF for filing. 2 expense and delay. To the extent the parties cannot agree on an item in the Report, they shall so indicate on the Report. A party who cannot gain the cooperation of any other party in preparing the Rule 26(f) Report shall advise the Court of the other party’s failure to cooperate prior to the Report filing deadline. Should any party seek a stay of discovery or of their obligation to file the Rule 26(f) Report, or seek the extension of any other deadline in this case (including an extension of discovery, a deadline to respond to a motion, or to file any other pleading), the party shall first contact all other parties and determine if the other parties join in, consent to, or oppose the request. When filing the motion for an extension, the party requesting the extension must state in their motion whether the other parties join in, consent to, or oppose the request for a stay or an extension. III. Electronically Stored Information During the Rule 26(f) Conference, the parties shall specifically discuss the preservation and production of electronically stored information. That discussion shall include: a. What electronic sources and records the party maintains and how the party’s electronic data and records are stored; b. The electronic sources and records each party will search, and the method of search that will be used (including any search terms); c. The difficulty/ease of retrieving various data and information, and who will bear the costs of retrieval and production; d. The format and media agreed to by the parties for the production of electronically stored information (including any production of meta-data) as well as agreed procedures for such production; e. The persons most familiar with the party’s computer and electronic storage system and the persons who are responsible for preservation of electronically stored information, including any third parties who may have access to or control over any such information; f. Whether reasonable measures have been implemented to preserve data including the party’s document retention/destruction policy, whether the party has placed a 3 “litigation hold” preventing destruction of potentially relevant records, and whether the issuance of a preservation order is required; and g. The extent to which search and disclosure of electronic data should be limited to that which is available in the normal course of business, or otherwise, and the anticipated scope, cost, and time required for search and disclosure of such information beyond that which is available in the normal course of business. IV. Privileged, Protected, and/or Confidential Information During the Rule 26(f) Conference, the parties shall discuss specifically the discovery and production of privileged, protected, and/or confidential information. That discussion shall include: a. What methods the parties will employ to assert claims of privilege, protection, or confidentiality, including the form and substance of any privilege logs; b. Whether the parties anticipate discovery issues or challenges arising from non- disclosure of allegedly privileged, protected, or confidential information; c. Whether reasonable date ranges should be established after which privilege log entries for privileged, protected, or confidential information need not be made; d. Whether the parties will request a protective order to prevent the further release of information disclosed in discovery; and e. As contemplated by Rule 502(e) of the Federal Rules of Evidence, whether there is a need for the terms of any agreement regarding disclosure of privileged attorney-party communications or confidential work product to be incorporated into a court order, and whether the parties will seek court approval of any such agreement. V. Scheduling Conference The Court may hold a Scheduling Conference after receipt of the parties’ Rule 26(f) Report and before issuing a Scheduling Order. At that conference, the Court will discuss in detail the parties’ proposed discovery plan and scheduling order as well as any issues the parties raise in their Rule 26(f) Report. This Conference need only be attended by counsel and by any unrepresented parties. Ordinarily, the Court will allow appearance at the Scheduling Conference via video or telephone. If a Scheduling Conference is necessary, it should be held no more than twenty (20) days after the submission of the parties’ Rule 26(f) Report. 4 VI. Form of Electronic Filings The parties are directed to read and follow the Court’s revised Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers by Electronic Means, available on the Court’s website www.gasd.uscourts.gov under “For Attorneys” and “Administrative Procedures for Electronic Filing.” Documents in their native format such as Word or WordPerfect must be converted into a text-searchable PDF before filing. Most word processing applications allow publishing or converting to PDF within the application. There are also commercial and free PDF converters available for use. Participants should not print and scan electronic documents for submission into CM/ECF. Documents should not be scanned prior to e-filing unless the original documents are unavailable in electronic format or require original signature. Attachments not available in electronic format shall be scanned by the filer into PDF format for electronic submission. The participant is responsible for the legibility of the uploaded image. For assistance with conversion or scanning, contact the CM/ECF Helpdesk at 912-650-4010 or [email protected]. VII. Resolution of Discovery Disputes The Court hereby ORDERS all parties to take the following steps prior to the filing of any discovery motions. This includes any motions filed pursuant to Title V of the Federal Rules of Civil Procedure, including but not limited to motions to compel, motions to quash, motions for a protective order, disputed motions for extension of time to conduct discovery, disputed motions for examination, and motions for discovery sanctions. 1. The parties are strongly encouraged to informally resolve all discovery issues and disputes without the necessity of Court intervention. In that regard, the parties are first required to confer and fully comply with Federal Rules of Civil Procedure 26(c)(1) and 37(a)(2), and 5 Local Rule 26.5, by undertaking a sincere, good faith effort to try to resolve all differences without Court action or intervention. 2. In the event that the parties are unsuccessful in their reasonable, good faith efforts to confer and resolve any differences, they must then schedule an informal conference with the Magistrate Judge in an effort to resolve the discovery dispute prior to the filing of any motions.3 The parties must exhaust the first two steps of the process before filing any motions, briefs, memorandum of law, exhibits, deposition transcripts, or any other discovery materials with the Court. 3. If the dispute still cannot be resolved following an informal conference with the Magistrate Judge, then the Court will entertain a discovery motion. In connection with the filing of any such motions, the moving party shall submit the appropriate certifications to the Court as required by Federal Rules of Civil Procedure 26(c)(1) and 37(a)(2). 4. The Court will refuse to hear any discovery motion unless the parties have made a sincere, good faith effort to resolve the dispute and all the above-identified steps have been strictly complied with. Failure to fully comply with all of the prerequisite steps may result in a denial of any motion, with prejudice, and may result in an award of costs and reasonable attorney’s fees. 3 Counsel are directed to review and comply with any requirements of the assigned Magistrate Judge with regard to an informal discovery conference. In cases where the assigned Magistrate Judge has no specific requirements, counsel may schedule a conference by contacting the Magistrate Judge’s Courtroom Deputy Clerk and advising the Deputy Clerk that the parties have a discovery dispute with which they need the Court’s assistance. Unless directed otherwise, the parties shall not provide the Deputy Clerk or any Court personnel any substantive information regarding the discovery dispute prior to the conference with the Magistrate Judge. 6 CONCLUSION Plaintiff’s counsel, or if applicable, the pro se plaintiff, shall ensure that a copy of this Order is served upon all parties without delay. SO ORDERED, this ____ day of __________________, 20___. R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA 7

=== Standing Order Regarding In-Person Hearings Before Judge R. Stan Baker In Light of the Coronavirus (COVID-19) Pandemic ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA IN RE: Standing Orders for R. Stan Baker, United States District Judge, Southern District of Georgia, Miscellaneous Case No.: 4:20-mc-05 STANDING ORDER REGARDING IN-PERSON HEARINGS BEFORE JUDGE R. STAN BAKER1 IN LIGHT OF THE CORONAVIRUS (COVID-19) PANDEMIC The Court has been closely monitoring the national emergency surrounding the global spread of the Coronavirus Disease 2019 (COVID-19) and keeping apprised of guidance and information provided by the Center for Disease Control and Prevention (“CDC”) and other national and local public health authorities regarding the pandemic. The Honorable J. Randal Hall, Chief Judge, determined that during the national emergency, “a felony plea under Rule 11, Federal Rules of Criminal Procedure, and a felony sentencing under Rule 32, Federal Rules of Criminal Procedure, cannot occur in person and in court without serious jeopardy to public health and safety.” Order, IN RE: The National Emergency Declared on March 13, 2020, 1:20-MC-005, ECF No. 1 (March 30, 2020). Unfortunately, the risks posed by COVID-19 have not abated, and the continued spread of the virus prevents the Court from being able to regularly conduct in-person hearings safely. Thus, for the time being, Judge Baker continues to conduct most hearings via electronic means. However, in some cases, practical considerations prevent the Court from holding a hearing via electronic means. Additionally, some defendants in criminal cases have declined to consent to 1 The directives of this Order only apply to hearings before Judge Baker. holding a hearing by electronic means.2 The administration of justice in these cases should not be delayed indefinitely. Further, having considered recent guidelines issued by the CDC and others, the Court finds that, with the limitations and safety precautions set forth below, the Court may safely conduct limited in-person hearings. As such, the following limitations and precautions shall be required when conducting in-person hearings before Judge Baker until further order of the Court.3 Health Screening. Any and all individuals attending an in-person hearing before Judge Baker must be screened at the entrance of the courthouse. In accordance with current Court policies, all individuals entering the courthouse will be screened for a temperature of 100.0 or higher and may be asked questions regarding potential exposure to and symptoms of COVID-19. Courtroom Sanitation Practices. In coordination with the General Services Administration, the courtroom shall be cleaned as frequently as possible and as soon after each use as possible. Additionally, hand sanitizer, sanitizing wipes, facial tissue, etc. will be placed in the courtroom for use by hearing attendees. Personal Protective Equipment (“PPE”). All individuals entering the courthouse must, at a minimum, wear a fabric or disposable surgical-style mask during the entire time that they are in the courthouse. The mask must fit snugly against the individual’s face and must 2 In situations where a defendant in a criminal case has declined to consent to a hearing by electronic means and the Court has set an in-person hearing, if the defendant later (but prior to the hearing) decides to consent to holding the hearing by electronic means, defendant’s counsel shall immediately notify the Court of that consent, and the Court may set the hearing by electronic means. 3 Counsel of record for a party shall properly notify and advise their client and any victims, witnesses, or other persons attending an in-person hearing of this Standing Order and its requirements. Any questions regarding any of the information contained in this Standing Order shall be directed to Judge Baker’s Courtroom Deputy Clerk. 2 cover their nose and mouth. Bandanas, scarves, neck gaiters, buffs, and the like are not acceptable. A non-medical grade mask that has exhalation valves with or without filters may not be worn unless a surgical style mask is worn over it. A mask will be provided to anyone who does not have an acceptable mask and who is seeking entrance to the courthouse to attend a hearing. Individuals not allowed in Courtroom. Pursuant to the Standing Order issued by the Honorable J. Randal Hall, Chief Judge, on March 17, 2020, in Case No. 1:20-mc-004, individuals falling into certain categories shall be denied admittance into any of this district’s courthouses even if they are scheduled to attend a hearing. Further, individuals should not attend an in-person hearing or otherwise attempt to enter the courthouse if they have tested positive for COVID-19 in the last 14 days or are awaiting the results of a test for COVID-19; have come into contact with anyone in the past 14 days who has tested positive for COVID-19 or is awaiting the results of a test for COVID-19; have any symptoms of COVID-19 including fever, cough, shortness of breath, fatigue, muscle or body aches, headache, loss of taste or smell, sore throat, congestion or runny nose, nausea, or vomiting; or otherwise suspect that they have been exposed to COVID-19. As soon as any individual required to attend an in-person hearing before Judge Baker anticipates that they will not be able to attend the hearing because of the above-listed restrictions, or any other reason, the person (or in the event of a represented party, their counsel) shall immediately contact Judge Baker’s Courtroom Deputy Clerk. Additionally, the Court Security Officer performing the above health screening shall immediately notify the Courtroom Deputy Clerk of the name of any individuals scheduled to appear before Judge Baker who are denied admittance to the courthouse. 3 Accommodations for Individuals Seeking to Be Excused from Appearing for an In-Person Hearing. Should any person seek to be excused from appearing in-person for a hearing before Judge Baker for any reason, including but not limited to the individual’s high risk for severe illness as defined by the CDC, the person shall notify Judge Baker’s Courtroom Deputy Clerk at least seventy-two hours prior to the hearing unless such amount of time is not practicable. Any such requests must also include a proposed accommodation. A represented party or a witness for a represented party shall make such a request through the party’s counsel of record. Public Access to In-Person Hearings. At this time, in-person attendance at in-person hearings before Judge Baker will be limited to hearing participants only. The public has access and will continue to have access to all public hearings held before Judge Baker by way of the Court’s Public Teleconference Line. All hearing notices for any in-person hearings shall include information for the public to access the Court’s Public Teleconference Line. Members of the public, including any family members of any defendant in a criminal case, are encouraged to utilize this line to attend in-person hearings by electronic means. Courtroom Occupancy and Permitted Attendees. As indicated above, the Court will only allow hearing participants to enter the courtroom. Additionally, the participants to the hearing shall only be in the courtroom during the hearing for which they are participating. Participants shall remain outside the courtroom until their hearing begins and shall vacate the courtroom at the conclusion of the hearing. For civil cases, the Court will delineate the participants for each in-person hearing in the order setting the hearing. For criminal cases, the participants allowed in the courtroom shall only include the Judge, the Courtroom 4 Deputy Clerk, the official Court Reporter, the defendant, the defendant’s attorney, one attorney for the United States, one law enforcement officer or other “table representative” for the United States, one United States Probation Officer, witnesses that will be called during the hearing, and the Court Security Officers and United States Marshal Service Deputies necessary to maintain the security of the courtroom. No other individuals shall be permitted within the courtroom for a criminal hearing without prior approval of the Court. If any party anticipates calling any witnesses during the hearing or otherwise desires to have any other person present in the courtroom during the hearing, the attorney for that party shall notify Judge Baker’s Courtroom Deputy Clerk of the witness or other person’s identity and their anticipated role in the hearing well in advance of the hearing and in no event less than seventy-two hours prior to the hearing. Prior to the hearing, any witnesses will be placed either within the courtroom at an appropriate distance from all other participants or immediately adjacent to the courtroom where indicated by the Court Security Officer or Courtroom Deputy Clerk. Social Distancing in Courtroom. Every person attending an in-person hearing must practice social or physical distancing at all times. This means keeping at least six feet (approximately two arms’ length) of space between each person present in the courtroom. There may be certain circumstances wherein it is more difficult to maintain proper distancing while in the courtroom (i.e. attorney-client communications). However, the Court expects that all individuals in the courtroom will limit close contact with others as much as possible. Seating within the courtroom will be arranged and marked in such a way as to maintain proper spatial distancing. Individuals entering the courtroom should be 5 seated where indicated by the Court Security Officer or Courtroom Deputy Clerk and shall not rearrange seating in the courtroom. Electronic Documents. There shall be no passing of any documents, papers or writing instruments of any kind amongst individuals present in the courtroom during the hearing. Any and all documents, including plea agreements, change of plea sheets, consents, stipulations, etc. must be executed by the parties prior to the hearing and submitted to the Courtroom Deputy Clerk by email or electronic filing. Counsel must provide any and all exhibits that counsel may use during the hearing to Judge Baker’s Courtroom Deputy Clerk at least seventy-two hours prior to the hearing. Counsel must mark the exhibits and provide them via email to the Courtroom Deputy Clerk in electronic format prior to the hearing. However, if email is unavailable due to the file type or file size of an exhibit, then counsel should provide the exhibit using an alternate electronic method (i.e., USAFx, CD- R, or USB Drive). Any questions or concerns regarding the presentation of exhibits should be directed to the Courtroom Deputy Clerk well in advance of any hearing. The Court appreciates the cooperation of all individuals in attending to this matter during this time and in assisting the Court in meeting its solemn obligations while safeguarding the health and safety of all parties, officers of the Court, and the Court’s personnel. SO ORDERED, this 4th day of September, 2020. R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA 6

=== Judge Baker Trial Instructions ===

THE HONORABLE R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA GENERAL TRIAL INSTRUCTIONS & PROCEDURES FOR JUDGE BAKER’S CIVIL CASES May 1, 2019 In accordance with the Court’s Order and Notice of Trial Preparation Requirements, the parties are encouraged to read and follow the instructions and procedures below in preparation of trial before District Judge R. Stan Baker. For questions regarding any information contained herein or in any trial preparation documents, please contact Judge Baker’s Courtroom Deputy Clerk, Pam Hammock, at 912-650-4081 or [email protected]. TRIAL DOCUMENTS I. WITNESS LIST(S) A. By the deadline set forth in the Trial Preparation Scheduling Order and in addition to the parties’ requirements contained in the proposed pretrial order, each party shall file a list of witnesses they intend to call or may call at trial.1 The parties are directed to use the event in CM/ECF titled “Witness List” located under Civil Events → Other Filings → Trial Documents. Additionally, at least one (1) day prior to the Pretrial Conference, each party should email their respective witness lists as a Word document to the Courtroom Deputy Clerk at [email protected]. When preparing the witness list, the parties should address for each witness the columns provided regarding whether the party “will call” or “may call” the witness and whether the party will present the witness through “live testimony” or “deposition testimony.” It is not necessary for a party to include an anticipated date a witness will be called to testify. II. DEPOSITION DESIGNATIONS 1. Exchange page and line designations for all witness testimony a party intends to present by deposition. Prior to filing objections to another party’s deposition designations, the parties must exchange page and line designations and must discuss any objections to such designations. If any party objects to another party’s page and line designation, the objecting party must confer, either telephonically or in person, with the proposing party (or parties) regarding each and every objection the party intends to raise. During such conference, the parties shall undertake a sincere, good faith effort to reach an agreement regarding the objected- to deposition designations. When filing any objections, the objecting party must certify that the conference was conducted (or that a good faith effort to conduct the conference was made) and must also state whether the parties reached any agreement regarding the objected-to deposition designations. 1 The Witness List form can be located on the Court’s website under the “Forms” tab (Judge Baker – Instructions and Forms, Judge Baker Civil Cases) and is titled “Witness List.” 2 2. Jointly prepare and file a Deposition Designation Form for each witness.2 For each witness a party will present by deposition, counsel must designate excerpts by page and line. The party must include any and all counter-designations, chronologically interspersed throughout a single, joint designation form for each witness. Using the Deposition Designations form, each designated excerpt should note the party making the designation and whether there is an objection. Each party must complete the same process for any witnesses to be presented by deposition in their case-in-chief. Deposition Designations are to be filed by the deadline stated in the Trial Preparation Scheduling Order. The parties must file as an attachment to the Deposition Designation form an electronic color-highlighted version of the complete and non-condensed transcript of the witness’s deposition that visually identifies a party’s designations in one highlighter color, and other parties’ designations in different highlighter colors (Please be consistent in the use of highlighter colors by party.). The parties are directed to use the event in CM/ECF titled “Deposition Designations” located under Civil Events → Other Filings → Trial Documents when filing this form. 3. Edit and Finalize Deposition Transcripts and/or Videos. The Court will endeavor to rule on any filed Objections by no later than the Pretrial Conference. After ruling, the proponent will be responsible for preparing the final deposition transcript and/or video of the deposition to be presented to the jury, edited per the Court’s rulings. When preparing any videos of depositions, the proponent must also prepare a transcript that corresponds exactly to the edited video. A copy of the final deposition transcript or the final edited video and corresponding transcript must be provided to Judge Baker’s Courtroom Deputy Clerk and to opposing counsel as directed by the time specified by the Court during the Pretrial Conference. III. EXHIBIT DESIGNATIONS 1. Exchange exhibit designations. Prior to filing objections to another party’s exhibits designations, the parties must exchange exhibits and must discuss any objections to such designations. If any party objects to another party’s exhibit designation, the objecting party must confer, either telephonically or in person, with the proposing party (or parties) regarding each and every objection the party intends to raise. During such conference, the parties shall undertake a sincere, good faith effort to reach an agreement regarding the objected-to exhibits designations. When filing any objections, the objecting party must certify that the conference was conducted 2 The Deposition Designation form can be located on the Court’s website under the “Forms” tab (Judge Baker – Instructions and Forms, Judge Baker Civil Cases) and is titled “Joint Deposition Designations.” 3 (or that a good faith effort to conduct the conference was made) and must also state whether the parties reached any agreement regarding the objected-to exhibits designations. 2. Prepare and file a proposed joint exhibit list and/or separate proposed exhibit lists.3 Exhibit Lists are to be filed by the deadline stated in the Trial Preparation Scheduling Order. For all exhibit designations, the parties shall prepare and file a joint proposed exhibit list and/or a separate proposed exhibit list when appropriate. The parties are directed to use the event in CM/ECF titled “Exhibit List” (located under Civil Events → Other Filings → Trial Documents) when filing any proposed exhibit list. The filing party should clearly state on the document and also at the time of filing whether the exhibit list is a joint proposed exhibit list or other. The parties must file as attachments to a proposed exhibit list each exhibit referenced on the proposed exhibit list. Some exhibits, whether due to the type or size of the exhibit, may not have the ability to be uploaded in CM/ECF. In those instances, the parties are directed to: a. Conventionally file any exhibits that are unable to be uploaded in CM/ECF with the Clerk of Court by providing them on a flash drive to the Courtroom Deputy Clerk; b. Notate the proposed exhibit list as to any exhibits not contemporaneously filed as an attachment to the exhibit list; and c. Attach to the exhibit list a placeholder for any exhibit conventionally filed with the Clerk of Court and include a notation on the placeholder as to the location of the exhibit (*see Appendix A for a sample placeholder). 3. Edit and Finalize Exhibit Lists and Exhibits. The Court will endeavor to rule on any filed Objections by no later than the Pretrial Conference. After ruling on any objections to exhibit lists, the proponent will be responsible for preparing the final exhibit list and exhibits to be presented to the jury, edited per the Court’s rulings. Regarding the format and presentation of finalized exhibit lists and exhibits to the Court in anticipation of trial, the parties should follow and consider the following: a. A copy of the finalized exhibit list with exhibits must be provided to the Courtroom Deputy Clerk and to opposing counsel as directed by the time specified by the Court during the Pretrial Conference. All finalized exhibits lists should be provided as a Word document to the Courtroom Deputy Clerk via email at [email protected]. 3 The Exhibit List form can be located on the Court’s website under the “Forms” tab (Judge Baker – Instructions and Forms, Judge Baker Civil Cases) and is titled “Exhibit List.” 4 b. Unless a party objects, all exhibits for introduction into evidence, to be shown to witnesses, and to be published to the jury must be presented electronically during trial, including documentary exhibits. Acceptable electronic formats for trial exhibits are limited to the following file types: .pdf, .jpg, .bmp, .tif, .gif, .avi, .wmv, .mpg, .mp3, .mp4, .wma, .wav, .3gpp. c. Exhibits to be used during trial should be provided to the Courtroom Deputy Clerk on a flash drive. Each finalized trial exhibit on the flash drive should be clearly named in an easily identifiable manner. Some exhibits may not exist in electronic format or may not easily convert to an electronic format. In those instances, the parties are directed to notate the exhibit list as to any non- documentary physical exhibits not provided in electronic format. When providing non-documentary physical exhibits, the parties are directed to include photographs or other reproductions of such exhibits in electronic form. Should the parties have any questions regarding the above process regarding trial exhibits, they should contact the Courtroom Deputy Clerk well in advance of their deadline for submission of finalized exhibit lists and exhibits. IV. PROPOSED VOIR DIRE A. By no later than the deadline stated in the Trial Preparation Scheduling Order, the parties are directed to file their proposed voir dire with the Court and are directed use the event in CM/ECF titled “Proposed Voir Dire” (located under Civil Events → Other Filings → Trial Documents). The parties should also email their proposed voir dire questions as a Word document to the Courtroom Deputy Clerk at [email protected]. V. PROPOSED JURY CHARGES A. By no later than the deadline stated in the Trial Preparation Scheduling Order, the parties are directed to file their proposed jury charges with the Court and are directed use the event in CM/ECF titled “Request to Charge” (located under Civil Events → Other Filings → Trial Documents). The parties should also email their proposed jury charges as a Word document to the Courtroom Deputy Clerk at [email protected]. The parties are encouraged to use and refer to the Eleventh Circuit Pattern Jury Instructions in making their requests (http://www.ca11.uscourts.gov/pattern-jury-instructions). For each requested jury instruction, the party should include the full text of the requested instruction and the pattern instruction number or other authority on which the request is based. If a party’s requested instruction includes a modification of the pattern instruction, the party should so indicate. 5 VI. OBJECTIONS TO TRIAL DOCUMENT(S) If there are unresolved objections, then, by no later than the deadlines stated in the Trial Preparation Scheduling Order, the parties must file Objections to deposition designations, exhibits designations, proposed voir dire, and proposed jury charges. The parties are again reminded of their obligation to certify in any filed Objections that a conference was conducted (or that a good faith effort to conduct the conference was made) in an effort to resolve objections prior to the filing of objections. Objections must clearly indicate the objected-to deposition designation, exhibit, proposed question and/or charge and should specifically cite to the previously filed document. A party may prepare and file separate pleadings for each objection to a trial document or may prepare and file one pleading containing all objections to any trial documents so long as the party complies with all deadlines for objections set forth in the Trial Preparation Scheduling Order. When filing objections, the parties are directed to use the event in CM/ECF titled “Objection to Trial Exhibits” located under Civil Events → Other Filings → Other Documents. If a party chooses to file separate pleadings, each objection must be clearly captioned and should specify in the docket entry text the objection being filed by the party. For example, a defendant objecting to plaintiff’s deposition designations should file the pleading as “Objection to Trial Exhibits - Plaintiff’s Deposition Designations.” VII. PROPOSED Pretrial ORDER A. During the Pretrial Conference, the Court will use the parties’ proposed pretrial order as a reference and guide for preparing the case for trial. Thus, as directed in the Court’s Order and Notice of Pretrial Proceedings, the parties must use the proposed pretrial order form for use in Judge Baker’s cases.4 The parties must use this form when filing their proposed pretrial order. The form is a fillable Word document; when using this fillable Word document, the parties are reminded to follow the Court’s procedures for electronic filings, detailed in Section VI of the Rule 26 Instruction Order entered shortly after this case was filed in this Court. Specifically, counsel shall not print and then scan the proposed pretrial order before filing but instead directly convert the completed form into a text-searchable PDF for filing. When preparing the proposed pretrial order, the parties should maintain each numbered section of the form and add the parties’ response(s) directly below each section. In other words, for a numbered section, the proposed pretrial order should state the question or directive and should then state the parties’ response. The parties should not delete or remove the question or directive for a numbered section. Additionally, the parties should only use appendices or attachments where specifically authorized by the Court in the proposed pretrial order form. When filing the joint consolidated proposed pretrial order by the deadline stated in the Trial Preparation Scheduling Order, the parties are directed to use the event in CM/ECF titled 4 The Proposed Pretrial Order form can be located on the Court’s website under the “Forms” tab (Judge Baker – Instructions and Forms, Judge Baker Civil Cases) and is titled “Proposed Pretrial Order.” 6 “Proposed Pretrial Order” located under Civil Events → Other Filings → Other Documents. Additionally, at the time of filing, the parties are directed to email their proposed pretrial order form as a Word document to the Courtroom Deputy Clerk at [email protected]. PRETRIAL CONFERENCE A. At the pretrial conference, the Court will conduct a meaningful and substantive discussion regarding the trial of this case. Thus, any attorney participating in the trial of the case must be present at the pretrial conference. Unless otherwise directed by the Court, represented parties need not attend the pretrial conference. However, pro se parties must attend the pretrial conference. B. The parties should be prepared to discuss and offer argument on any pending motions and responses thereto, as well as any trial documents listed above and objections thereto. C. Counsel should bring to the Court’s attention any witnesses, parties, counsel, or others who will be present at trial and who may need accommodation for any disability. TRIAL A. As indicated above and unless objections are raised, exhibits for introduction into evidence, to be shown to witnesses, and to be published to the jury must be presented electronically during trial. This includes any documentary exhibits. Parties shall not file final trial exhibits on the record of the case in CM/ECF, but must deliver to the Courtroom Deputy Clerk, a USB flash drive containing the exhibits in electronic format. Parties should refer to Section II-3 of these instructions and also the Eleventh Circuit rules regarding exhibits (http://www.ca11.uscourts.gov/rules-procedures) when submitting trial exhibits to the Clerk of Court. Upon conclusion of trial and within the time specified by the Court, counsel must file a Certification of Exhibits in the case.5 B. The parties shall provide one paper courtesy copy of all trial exhibits for inclusion in a Trial Exhibit Notebook to be given to the jury at the conclusion of the case. The Trial Exhibit Notebook for the jury should contain said trial exhibits three-hole punched and placed into labeled three-ring binders with an exhibit list and numerical side index tabs for each exhibit. 5 The certification form can be located on the Court’s website under the “Forms” tab (Judge Baker – Instructions and Forms, Judge Baker Civil Cases) and is titled “Certification of Exhibits.” 7 APPENDIX A (Sample Placeholder) PLAINTIFF’S EXHIBIT 1 (*Exhibit 1 conventionally filed with the Clerk of Court on May 1, 2019, by providing a flash drive containing Exhibit 1 to the Courtroom Deputy Clerk.) 8