Sample Initial Case Management Order; Practice and Procedure Manual

=== Sample Initial Case Management Order ===

[SAMPLE] IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JOHN Q. PUBLIC, Plaintiff, v. ACME CORPORATION, Defendant. Civil No. Judge Trauger JURY DEMAND INITIAL CASE MANAGEMENT ORDER A. JURISDICTION: The court has jurisdiction pursuant to . B. BRIEF THEORIES OF THE PARTIES: [not to be a verbatim recitation of the pleadings] 1) PLAINTIFF: 2) DEFENDANT: C. ISSUES RESOLVED: Jurisdiction and venue. D. ISSUES STILL IN DISPUTE: Liability and damages. E. INITIAL DISCLOSURES: The parties shall exchange initial disclosures pursuant to FED. R. CIV. P. 26(a)(1) on or before (usually 14 days from conference). F. DISCOVERY: The parties shall complete all written discovery and depose all fact witnesses on or before . Discovery is not stayed during dispositive motions, unless ordered by the court. Local Rule 33.01(b) is expanded to allow 40 interrogatories, including subparts. No motions concerning discovery are to be filed until after the parties have conferred in good faith and, unable to resolve their differences, have scheduled and participated in a conference telephone call with Judge Trauger. G. MOTIONS TO AMEND: The parties shall file all Motions to Amend on or before . H. [only if applicable] DISCLOSURE OF EXPERTS: The plaintiff shall identify and disclose all expert witnesses and expert reports on or before . The defendant shall identify and disclose all expert witnesses and reports on or before . I. [only if applicable] DEPOSITIONS OF EXPERT WITNESSES: The parties shall depose all expert witnesses on or before . J. JOINT MEDIATION REPORT: The parties will discuss the prospect of engaging in a formal mediation toward the end of fact discovery or earlier, if agreed to. Following this discussion, the parties will file a Joint Mediation Report that informs the court 2 whether they will be mediating and, if so, the name of the mediator and the date scheduled for the mediation. The Joint Mediation Report will be filed by ________________. K. DISPOSITIVE MOTIONS: The parties shall file all dispositive motions on or before . Responses to dispositive motions shall be filed within twenty one (21) days after the filing of the motion. Optional replies may be filed within ten (10) days after the filing of the response. Briefs shall not exceed 25 pages. No motion for partial summary judgment shall be filed except upon leave of court. Any party wishing to file such a motion shall first file a separate motion that gives the justification for filing a partial summary judgment motion in terms of overall economy of time and expense for the parties, counsel and the court. L. ELECTRONIC DISCOVERY. The parties have reached agreements on how to conduct electronic discovery. Therefore, the default standard contained in Administrative Order No. 174 need not apply to this case. M. ESTIMATED TRIAL TIME: The parties expect the trial to last approximately days. It is so ORDERED. APPROVED FOR ENTRY: Attorney for Plaintiff Attorney for Defendant ALETA A. TRAUGER U.S. District Judge 3

=== Practice and Procedure Manual ===

PRACTICE AND PROCEDURE MANUAL FOR JUDGES AND MAGISTRATE JUDGES FOR THE MIDDLE DISTRICT OF TENNESSEE (Judge Aleta A. Trauger) I. II. NAME AND BRIEF BIOGRAPHY ...................................................................................1 PRELIMINARY GENERAL MATTERS...........................................................................1 A. B. C. D. E. F. Scheduling .......................................................................................................................... 2 Correspondence with the Court .......................................................................................... 2 Telephone Conference with the Court ................................................................................ 2 Telephone Conference with Law Clerks............................................................................. 2 Pro Se Litigants................................................................................................................... 3 Chamber Copies of Filings ................................................................................................. 3 III. PRETRIAL MATTERS FOR CIVIL CASES ................................................................................ 3 A. B. C. Case Management Conferences and Orders ....................................................................... 3 Agreed Orders, Continuances and Extensions.................................................................... 3 Pretrial Motions .................................................................................................................. 3 1. 2 3. 4. Referral to Magistrate Judge.................................................................................. 3 Dispositive Motions............................................................................................... 3 Briefs...................................................................................................................... 3 Oral Argument ....................................................................................................... 4 D. Discovery ............................................................................................................................ 4 1. 2. 3. 4. Interrogatories........................................................................................................ 4 Telephone Depositions .......................................................................................... 4 Discovery Disputes ................................................................................................ 4 Motions to Compel/Rule 37 Sanctions .................................................................. 4 Confidentiality Agreements and Protective Orders ............................................................ 4 Expert Witnesses................................................................................................................. 4 Settlement Conferences ...................................................................................................... 4 1. 2. Who Presides ......................................................................................................... 4 Procedure ............................................................................................................... 5 Pretrial Briefs...................................................................................................................... 5 Pretrial Orders..................................................................................................................... 5 Pretrial Conference ............................................................................................................. 5 Temporary Restraining Orders ........................................................................................... 5 E. F. G. H. I. J. K. IV. PRETRIAL MATTERS FOR CRIMINAL CASES ....................................................................... 6 A. B. C. D. E. F. G. Initial Appearances, Detention Hearings and Preliminary Hearings .................................. 6 Discovery and Pretrial Motions .......................................................................................... 6 Status Conferences and Pretrial Conferences ..................................................................... 7 Locating Incarcerated Clients ............................................................................................. 7 Service of Subpoenas for Criminal Proceedings................................................................. 7 Requests for Continuance of Trials in Criminal Matters .................................................... 7 Guilty Pleas......................................................................................................................... 7 V. TRIAL PROCEDURES .................................................................................................................. 8 A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. Scheduling .......................................................................................................................... 8 Out-of-Town Parties, Witnesses or Attorneys .................................................................... 8 Motions in Limine .............................................................................................................. 8 Voir Dire and Jury Selection............................................................................................... 8 Note-Taking by Jurors ........................................................................................................ 9 Opening Statements ............................................................................................................ 9 1. 2. Length .................................................................................................................... 9 Use of Exhibits ...................................................................................................... 9 Courtroom Decorum and Witness Examination ................................................................. 9 Side Bar Conferences........................................................................................................ 10 Videotaped or Audiotaped Testimony .............................................................................. 10 Deposition Reading........................................................................................................... 10 Exhibits ............................................................................................................................. 10 Witness Lists..................................................................................................................... 11 Courtroom Technology..................................................................................................... 11 Motions for Judgment as a Matter of Law........................................................................ 11 Proposed Jury Instructions and Verdict Forms ................................................................. 11 Proposed Findings of Fact and Conclusions of Law......................................................... 11 Offers of Proof .................................................................................................................. 11 Closing Argument............................................................................................................. 11 Jury Deliberation............................................................................................................... 12 1. 2. 3. 4. 5. Copy of Instructions............................................................................................. 12 Access to Exhibits................................................................................................ 12 Access to Transcript of Testimony or Videotaped Testimony ............................ 12 Availability of Counsel........................................................................................ 12 Taking the Verdict and Special Interrogatories ................................................... 12 ii 6. 7. Polling the Jury .................................................................................................... 12 Interviewing the Jury ........................................................................................... 12 T. Requests for Attorney’s Fees ............................................................................................ 12 VI. SENTENCING IN CRIMINAL CASES....................................................................................... 12 VII. MEDIA COMMUNICATIONS .................................................................................................... 13 iii I. NAME AND BRIEF BIOGRAPHY Judge Aleta A. Trauger Federal Judicial Service: U.S. District Court, Middle District of Tennessee Nominated by William J. Clinton on September 22, 1998, to a seat vacated by John T. Nixon; Confirmed by the Senate on October 21, 1998, and received commission on October 22, 1998. Education: Cornell College, B.A., 1968 Vanderbilt University, M.A.T., 1972 Vanderbilt University School of Law, J.D., 1976 Professional Career: Clerk / associate, private practice, Tennessee, 1974-1977 Assistant U.S. attorney, Middle District of Tennessee, 1977-1979, 1980-1982 Assistant U.S. attorney, Northern District of Illinois, 1979-1980 Private practice, 1983-1984 Legal counsel, College of Charleston, 1984-1985 Private practice, 1985-1991 Chief of staff, Office of the Mayor, Nashville, Tennessee, 1991-1992 U.S. Bankruptcy Judge, Middle District of Tennessee, 1993-1998 II. PRELIMINARY GENERAL MATTERS This Practice and Procedure Manual was compiled by the Federal Court Committee of the Nashville Bar Association. The Committee expresses thanks to all of the Judges and Magistrate Judges, and to the Clerk of the Court, for all of the input and guidance they provided in gathering this information. In preparing the Manual, efforts were taken to avoid repeating or characterizing rules otherwise contained in the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Local Rules of Court, the Local Rules Governing Duties of and Proceedings before Magistrate Judges, or the Administrative Practices and Procedures for Electronic Case Filing. The Manual does not attempt to be an exhaustive guide for the practice of law. It is intended to provide information about judicial practices and preferences in this District that are not necessarily addressed in any set of rules. To the extent that there is any conflict between this Manual and these other applicable rules, practices and procedures, the other applicable rules, practices and procedures control. This Manual is the work of the Nashville Bar Association. It is not an official statement of the Court. This Manual may not be cited as authority. Last, at the time the Manual was prepared in 2005, this District had only recently adopted electronic case filing. It appears that some practices related to electronic case filing are still developing. Therefore, for some time, it may be prudent to address questions about electronic case filing to the Judge or Magistrate Judge in a particular case. A. Scheduling Judge Trauger's courtroom deputy is at (615) 736-7157. Judge Trauger sets her own calendar, and there are no standard days or times for any particular matters, except for jury trials in Nashville which begin on Tuesdays at 9:00 a.m. B. Correspondence with the Court Correspondence with the Court is discouraged. Written communication with the Court should be in the form of pleadings, motions, notices, memoranda, and briefs, as provided for in the Federal Rules of Civil Procedure and the Local Rules. In the rare instances when correspondence with the Court is permitted, directed or invited by the Court, a copy of the correspondence shall be served on opposing counsel, and all such correspondence will be filed with the Clerk of Court and is a matter of public record, unless otherwise directed by the Court as in the case of confidential settlement conference statements. C. Telephone Conferences with the Court The judges, upon request, generally will attempt to accommodate out-of-town counsel or other circumstances unique to the case by permitting joint telephone conferences with the Court. The judges also may entertain telephone conferences regarding discovery disputes that arise during depositions. Judge Trauger requires joint telephone conferences with the Court prior to the filing of motions to compel or other discovery motions. Requests for participation in case management conferences or other conferences by telephone must be made in advance by written motion and are granted on a case-by-case basis. D. Telephone Conference with Law Clerks Generally, telephone communications by counsel with the Court's law clerks is discouraged, if not prohibited. The merits of the case should never be discussed with the law clerks. Some of the judges permit telephone communications with their law clerks to discuss case administration matters with counsel. Judge Trauger does not permit telephone conferences with her law clerks, though she may, on rare occasions, have her law clerks initiate contact with counsel about an administrative matter. 2 E. Pro Se Litigants Pro se litigants are expected to follow the Local Rules and these guidelines, as are all parties represented by counsel. F. Chamber Copies of Filings Judge Trauger does not want chamber copies of filings, unless she requests them. III. PRETRIAL MATTERS FOR CIVIL CASES A. Case Management Conferences and Orders Judge Trauger conducts her own initial case management conferences. Counsel are required to file three business days prior to the initial case management conference a joint proposed initial case management order setting out the basic deadlines and including additional standard provisions set out in the attachment to the order setting the initial case management conference. Lead counsel for all parties are required to attend the initial case management conference. With rare exceptions, a firm trial date is set during the initial case management conference and will not be rescheduled. B. Agreed Orders, Continuances and Extensions Judge Trauger will consider extensions upon agreement of the parties or for good cause shown. Judge Trauger routinely grants agreed extensions of deadlines, except for dispositive motion deadlines, and she rarely grants continuances of trial dates. Judge Trauger expects requests for continuances and extensions to be made in writing, and they should reflect the position of opposing counsel, if possible. C. Pretrial Motions 1. Referral to Magistrate Judge Judge Trauger refers most discovery motions to a magistrate judge, but not dispositive motions. Judge Trauger assigns pro se cases to a magistrate judge for case management. 2. Dispositive Motions The district judges, with the exception of pro se cases, normally resolve dispositive motions without reference to a magistrate judge. District judges may refer specific dispositive motions to a magistrate judge for a Report and Recommendation and will normally refer all dispositive motions in cases where at least one of the litigants is pro se. 3. Briefs Judge Trauger requires that briefs not exceed twenty-five (25) pages. Replies are permitted, but optional, on dispositive motions. Replies on other motions are only permitted if leave is granted. 3 4. Oral Argument Judge Trauger grants oral argument when it is appropriate or when it would be beneficial. D. Discovery 1. Interrogatories Judge Trauger allows forty (40) interrogatories, including subparts. 2. Telephone Depositions Judge Trauger has no applicable comments regarding this section. 3. Discovery Disputes The judges agree that every effort should be made by the attorneys to resolve discovery disputes before bringing them to the Court's attention. Judge Trauger requires the parties to participate in a conference telephone call with the Court prior to filing a motion to compel. For cases in which a magistrate judge is conducting case management, discovery disputes will be resolved by the magistrate judge. 4. Motions to Compel/Rule 37 Sanctions Judge Trauger has no applicable comments regarding this section. E. Confidentiality Agreements and Protective Orders Judge Trauger considers them on a case-by-case basis. F. Expert Witnesses In civil cases and in some criminal cases, Judge Trauger adopts the option provided for in LR 39.01(c)(6)(c) and requires that expert testimony (other than medical) be reduced to writing before the trial, which will be read at trial as the expert’s direct testimony. Motions in limine should be filed if an expert's qualifications are challenged. Judge Trauger will consider requests for departure from this procedure on a case-by-case basis. G. Settlement Conferences 1. Who Presides All judges handle settlement conferences for each other. Most settlement conferences are done by magistrate judges who are not assigned to the case as case manager, although parties may request the case manager to preside. The selection of a judge to preside over a settlement conference is viewed as an appropriate use of forum shopping. 4 2. Procedure The general procedure for settlement conferences in non-jury cases is as follows: The settlement judge will issue an order setting forth his or her requirements for a judicial settlement conference. Normally, the parties will be required to provide the settlement judge with a confidential evaluation of their case and their demands. These confidential statements should be submitted directly to the settlement judges courtroom deputy and not filed with the Court. They do not become part of the case file. This submission should include a description of the case, the amount of the offer, the party's evaluation of the case, the cost of litigation, and representation that these matters have been discussed with the client. Any information that is not to be communicated to the other side needs to be designated as such. All individual parties must be present with full settlement authority, and all corporate parties must be present with representatives having full settlement authority unless prior approval is otherwise obtained. The attorneys are requested to give a short opening statement in the courtroom with everyone present. The settlement judge then meets with the parties separately, and will meet with the attorneys individually, out of the presence of their clients. If settlement is reached, it is preferred that a settlement agreement be executed before the parties leave the courthouse. H. Pretrial Briefs In jury cases, pretrial briefs are not routinely required. In some instances, Judge Trauger will request briefs on particular issues. I. Pretrial Orders Unless ordered otherwise, an agreed proposed pretrial order should be jointly prepared by the parties and submitted to the Court no later than the time of the pretrial conference. Judge Trauger's requirements as to the contents and time of filing pretrial orders are covered in her order setting the case for trial. J. Pretrial Conference The requirements for pretrial filings are set out in Judge Trauger's standard order setting the case for trial. She usually rules on motions in limine at the pretrial conference. K. Temporary Restraining Orders The clerk will notify the assigned judge when a TRO is being requested at the time the complaint is filed. The papers should state what efforts have been made to contact the other side. Hearings, if any, will be scheduled through the courtroom deputy of the district judge to whom the TRO application is assigned. The assignment of the TRO application and the assignment of the case are separate matters. The judge who decides the TRO may or may not be the judge who has been assigned to the case. 5 If a TRO matter is filed other than at the initiation of the case, counsel should advise the secretary of the presiding judge. Requests for expedited discovery will be considered upon written motions if good cause is shown. IV. PRETRIAL MATTERS FOR CRIMINAL CASES A. Initial Appearances, Detention Hearings and Preliminary Hearings When a person is arrested on federal charges, the person ordinarily must be taken before a magistrate judge without unnecessary delay. Prior to this Initial Appearance, a pretrial services officer will provide the client with a financial affidavit if the defendant is seeking appointment of counsel, and will also provide a form called Important Notice to Defendant and Explanation of Rights and Proceedings. At the Initial Appearance, the magistrate judge will review these documents, the charges, and the statutory maximum penalties with the defendant. Fed. R. Crim. P. 5 sets forth the requirements for Initial Appearances. In addition to the Initial Appearance, a magistrate judge will conduct the Arraignments, Detention Hearings, and Preliminary Hearings when the defendant has been arrested pursuant to a complaint. See Fed. R. Crim. P. 5.1 (Preliminary Hearings); Fed. R. Crim. P. 10 (Arraignments); 18 U.S.C. ' 3142 (Bail Reform Act). In felony cases where a defendant has been indicted, the defendant may submit a written AWaiver of Personal Appearance at Arraignment and Entry of Plea of Not Guilty,@ in lieu of an in-court arraignment. In cases involving non-English speaking defendants, the Court will provide an interpreter to interpret during the court proceedings. If defense counsel requires an interpreter to converse with the client before the Initial Appearance, counsel should contact the interpreter directly to arrange the meeting. The name and phone number for the interpreter can be obtained from the Clerk=s Office at (615) 736-5498. B. Discovery and Pretrial Motions In felony cases, the practice in the Middle District is for the district judges to hear all pre-trial matters, such as admissibility of confessions, suppression of evidence, motions to dismiss, etc. If a particular matter is referred to a magistrate judge, it will be handled on an expedited basis. For petty offenses, which do not require consent, and for misdemeanors where consent to proceed before the magistrate judge has been granted, the magistrate judge will conduct all pretrial matters. All judges will schedule suppression hearings when necessary in a particular case. Generally, the judges will try to schedule suppression hearings well in advance of trial. 6 C. Status Conferences and Pretrial Conferences Judge Trauger schedules a pretrial conference in criminal cases when it is clear that the case will be tried. D. Locating Incarcerated Clients There are no federal detention facilities currently located in the Middle District of Tennessee. The United States Marshals Service contracts for space with a number of local detention facilities in Tennessee and Kentucky. If a defendant is detained pending trial, defense counsel may contact the United States Marshal’s Office at (615) 736-5417 to find out where their client is located. Defense counsel should then contact the facility directly concerning visitation and other rules of the particular facility where the client is located. E. Service of Subpoenas for Criminal Proceedings If defense counsel has been appointed by the Court, the United States Marshal will serve subpoenas on behalf of the defendant. Defense counsel must obtain an order from the district court judge that directs the United States Marshal to serve the subpoenas. This order should be obtained, and the list of subpoenas should be provided to the United States Marshal, well in advance of the criminal proceedings where the witnesses shall appear. F. Requests for Continuances of Trials in Criminal Matters Most judges require that a Waiver of Speedy Trial Rights, signed by the defendant, be filed along with a motion to continue a criminal trial. Counsel should not assume that a trial will be continued automatically upon request of the parties. Further, each judge has different procedures and deadlines for filing motions to continue trials. G. Guilty Pleas The Court has standard plea petition forms that must be completed and submitted by the defendant in felony and misdemeanor cases. These form petitions are available on the Court's website. Even in cases where the defendant has entered a plea agreement with the U.S. Attorney, the standard plea petition must be submitted as well. Judge Trauger requests that counsel notify the courtroom deputy by phone or email immediately upon the determination that a plea will be entered and suggest a time frame for the scheduling of the plea. A drafted written petition, plea agreement (if any) and prosecution statement of elements and penalties must be delivered to chambers before the plea. 7 V. TRIAL PROCEDURES A. Scheduling Jury trials in Nashville usually begin on Tuesdays at 9:00 a.m. and continue until concluded. The court day generally runs from 9:00 a.m. to 5:00 p.m. with a one-hour lunch break. However, counsel should be prepared to arrive early or stay late in order to discuss matters outside the presence of the jury or when the jury wishes to deliberate past normal working hours. Judge Trauger does not set trailer dockets for civil trials in Nashville and makes every attempt not to have civil trials interrupted by other court proceedings. B. Out-of-Town Parties, Witnesses or Attorneys The judges will attempt to accommodate out-of-town parties, witnesses and attorneys to the extent possible, although local counsel is expected to be ready to try the case. In attempting to accommodate out-of-town parties, witnesses and attorneys, the judges take into consideration potential hardship to other cases and the efficient administration of justice. For Judge Trauger, any request to accommodate the schedules of out-of-town parties, witnesses and attorneys should be made by written motion at the earliest available opportunity or discussed at a pretrial conference. C. Motions in Limine All of the judges encourage motions in limine. They alert the judges to evidentiary issues that will arise at trial and, when appropriate, may help narrow issues for trial. If a motion in limine is not decided until trial, the non-moving party should be careful to not go into a matter that is the subject of a motion in limine, whether in opening statements or with a witness, until a ruling has been made. Judge Trauger requires that motions in limine be filed and responded to in advance of the pretrial conference and in compliance with the deadlines set out in the order setting the case for trial. Judge Trauger makes every effort to decide motions in limine at the pretrial conference. D. Voir Dire and Jury Selection All of the judges permit reasonable voir dire by the attorneys after initial questions by the Court. Counsel will not be permitted to argue their case or get too personal with the jury. Beyond this, there is some variation among the judges regarding how they handle voir dire as discussed below. For Judge Trauger, after general voir dire by the Court, counsel for each party is given an opportunity to voir dire the prospective jurors. Names are randomly drawn, and an appropriate number of jurors are seated in the jury box and in chairs in front of the jury box so that all may be questioned at the same time. Each party exercises its peremptory challenges at the same time on written forms; therefore, duplicate strikes are a possibility. Challenges for cause are made at the bench during or at the end of voir dire. After the exercise of all challenges, the remaining 8 prospective jurors move "up" to fill the empty chairs in numerical order. In a civil trial, the first 7–10 jurors (depending on the anticipated length of trial) will constitute the jury. Alternate jurors have been abolished in federal civil trials. Therefore, all jurors remaining when deliberation begins will retire to the jury room. The jury must be comprised of at least 6 members. In a criminal trial, the first 12 jurors constitute the jury, with an appropriate number of alternates (usually 2) following in numerical order. E. Note-Taking by Jurors All of the judges allow jurors to take notes and to take their notes into the jury room during deliberation. All of the judges instruct the jury regarding the use of notes. F. Opening Statements 1. Length Although the judges may consider a time limit on a case-by-case basis for good cause, there is no set time limit for opening statement by any of the judges. Also, the judges agree that opening statements should be direct and not contain arguments of counsel. Subject to the caveat that the judges all may make case-by-case determinations for good cause, some of the judges have provided additional guidelines regarding the expected length of opening statements. 2. Use of Exhibits Counsel who wish to use exhibits or demonstrative evidence in opening statement should consult with opposing counsel in advance and attempt to work out any objections. Counsel should also request permission from the judge to use exhibits or demonstrative evidence in opening statements. As a general rule, exhibits to which no counsel has an objection will be allowed during opening statement, and contested exhibits will not be allowed without prior Court approval. G. Courtroom Decorum and Witness Examination Attorneys shall stand when speaking, all objections and comments thereon shall be addressed to the Court. There shall be no oral confrontation between opposing counsel, and neither counsel nor parties may leave the courtroom without prior approval of the judge. There is some variation among the judges regarding where counsel should stand in the courtroom and regarding how documents are passed. Except as noted below, it is generally expected that counsel will remain behind, or within an arm's length, of the podium, ask permission to approach a witness, and that the judge's clerk or a courtroom officer will pass exhibits to the witness. Attorneys should introduce their witnesses with the background information referred to in LR 39.01(c)(2) and avoid time-consuming questions on that subject. Attorneys shall make their objections without speeches or coaching the witness. Attorneys should not repeat or attempt to recharacterize a witness’s answers during an examination. Judge Trauger does not allow interim commentary by counsel during trial. More than one attorney may participate in a case, but only one of them may examine a particular witness. 9 H. Side Bar Conferences Side bar conferences are allowed, but requests for them should be kept to a minimum and used only for matters that can be resolved quickly. One of the reasons to keep side bar conferences to a minimum is that, due to the size of some of the courtrooms, it is not always possible to prevent the jury from hearing such conversations. Judge Trauger adds that, in addition to the general statement above, she prefers that matters that need to be discussed out of the presence of the jury be raised during recesses. I. Videotaped or Audiotaped Testimony Videotaped or audiotaped testimony is allowed. Attorneys should edit the tape to remove irrelevant and objectionable material. Opposing counsel should be allowed to view the tape before it is presented. The use of videotaped testimony should be discussed at the pretrial conference so appropriate equipment can be made available at the trial. J. Deposition Reading Reading a deposition into the record is allowed. Depositions read at trial should be edited so that only testimony relating to the witness's background, the issues in the case and credibility is read. It is permissible to have co-counsel or a paralegal read the answers of the witness from the witness box when a deposition is to be read at trial. If a transcript is lengthy and it is a non-jury trial, counsel may ask the Court if it would prefer to just have the transcript submitted rather than read into the record. K. Exhibits When introducing an exhibit, counsel should always show it to opposing counsel first and have an extra copy available for the Court. Copies of each party's exhibit list shall be provided to the Court, the courtroom deputy, court reporter and opposing counsel on the first day of trial. Premarked: Judge Trauger wants exhibits to be premarked. Judge Trauger covers this topic in her order setting the case for trial. Multiple copies of exhibits: Judge Trauger wants exhibits which are being introduced to be shown to opposing counsel first and to have an extra copy available for the Court. Copies of exhibits for each juror: Judge Trauger will allow copies of the exhibits to be given to each juror, but requests advance notice of the intent to do so. Stipulation as to admissibility and authenticity: The parties should stipulate as to the admissibility and authenticity of as many exhibits as possible prior to trial. 10 L. Witness Lists Witness lists should be provided to the Court, the courtroom deputy, the court reporter and opposing counsel at the beginning of the trial. M. Courtroom Technology Use of courtroom evidence presenter with camera and screen/visual aids: All of the courtrooms have wireless internet connectivity. All judges expect counsel who plan to use courtroom technology to learn how to use it prior to trial so they can accomplish what is intended without assistance from the courtroom staff. N. Motions for Judgment as a Matter of Law If a party can anticipate this motion, it should give the Court advance notice and file a brief in support of the motion. Otherwise, it will be heard on oral motion and argument. In many cases a ruling will be delayed until after a jury verdict. O. Proposed Jury Instructions and Verdict Forms Counsel should confer in good faith and agree on a verdict form and as many jury instructions as possible by the deadline set at the pretrial conference. Counsel are to file an agreed set of jury instructions, in hard copy and on disk, one instruction per page, with heading at the top. By the same deadline, each counsel should file additional instructions about which there is not agreement, with citations to authority, in hard copy and on disk. The standard introductory and concluding instructions given by the Court in every trial do not need to be submitted by counsel. P. Proposed Findings of Fact and Conclusions of Law Proposed findings of fact and conclusions of law are to be submitted by the deadline in the order setting the case for bench trial. Q. Offers of Proof Offers of proof are allowed. Most frequently, they will take place outside the presence of the jury, usually during a break, at lunch or at the end of the day. R. Closing Argument Counsel may not express personal opinions or beliefs (such as statements that begin with "I believe…"), or make personal references to other lawyers. Counsel may argue any inferences from the proof that are logical and supported by the evidence. There is no set length for closing argument. 11 S. Jury Deliberation 1. Copies of Instructions A copy of the jury instructions is sent to the jury room with the jurors when they retire to consider their verdict. 2. Access to Exhibits Absent any objections, and subject to Item 3 below, jurors are given access to exhibits admitted at trial. Exhibits are sent to the jury room at the beginning of deliberation. 3. Access to Transcript of Testimony or Videotaped Testimony Due to the concern that access tends to give undue emphasis to testimony which is transcribed or videotaped, this is discouraged and not frequently allowed. However, the judges will make determinations on a case-by-case basis. 4. Availability of Counsel Counsel will not be required to remain at the courthouse during jury deliberations, but they must advise the courtroom deputy of a phone number where they can be reached on short notice. Counsel must be available to appear in court without unreasonable delay while the jury is deliberating. 5. Taking the Verdict and Special Interrogatories The judges will read the verdict form and special interrogatories. 6. Polling the Jury Judge Trauger will poll the jury in every case. 7. Interviewing the Jury LR 39.01(f)(2) controls requests for post-verdict interviewing of jurors. Permission to interview jurors will only be granted in exceptional circumstances. T. Requests for Attorney's Fees All requests for attorney’s fees should be made by filing an application in writing supported by detailed affidavits and time records. VI. SENTENCING IN CRIMINAL CASES LCrR 32.01 sets forth the timetable to be followed before a sentencing hearing. The Court will schedule a sentencing hearing at least 80 days after a finding of guilt by a jury, or after the submission of a guilty plea by a defendant. 12 Shortly after the finding of guilt or submission of guilty plea, a probation officer will contact defense counsel to arrange a presentence interview with the defendant and counsel. Both parties are expected to confer with the probation officer during the presentence investigation process with a view toward resolving any disputed facts or factors. Fed. R. Crim. P. 32 requires the probation office to disclose the presentence report to the defendant at least 35 days before sentencing. LCrR 32.01 then requires both parties, within 14 days of receiving the presentence report, to provide written objections concerning the contents of the presentence report. The objections should be provided both to the probation office and opposing counsel. Within seven days of receiving the parties= objections, the probation office must disclose any changes or unresolved factual disputes or objections that remain in the presentence report. At least seven days prior to sentencing, the parties shall file with the clerk, and with a copy to probation and opposing counsel, a pleading entitled APosition of the (Government or Defendant) With Respect To Sentencing Factors@ containing only unresolved matters previously raised with all parties in writing. With consent of the parties or when the interests of justice require, the Court may on a case-by- case basis modify the requirements set forth in LCrR 32.01 in order to carry out prompt and fair sentencing. VII. MEDIA COMMUNICATIONS The Court speaks through its orders and memorandum opinions. 13