Standing Order; Pre-trial Notice; Civil Jury Trial Voir Dire Outline; SECTION G HEARING PROTOCOLS DURING COVID-19
Hon. Nannette Jolivette Brown · U.S. District Court for the Eastern District of Louisiana
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=== Standing Order ===
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA STANDING ORDER GOVERNING SECTION “G” COURTROOM WHILE COURT IS IN SESSION The following Order shall apply to any and all persons who enter the courtroom of Section G: (1) IT IS ORDERED that the following items are to be completely off upon entry into the courtroom: Portable communication devices, including all cellular devices (including cell phones, smartphones, personal digital assistants, BlackBerrys, iPhones, Palm Pilots); ear piece devices (such as Bluetooth); laptop computers (including iPads); and digital or other types of video cameras or recorders; or any other similarly functioning device. (2) IT IS FURTHER ORDERED that the only exceptions to the above provision shall be (1) authorized court personnel working on the matter before the Court; and (2) law enforcement personnel (including Court Security Officers and United States Marshals, but not witnesses) participating on the case as assigned by the Court; (3) attorneys who are counsel of record and who are seated at counsel tables (not in the public gallery), along with any paralegals or other staff seated at counsel tables (not in the public gallery), and provided that the use of any such laptop computer or other device shall not access or be accessed to the internet, cellular network, broad band, Wifi, or any other outside network designed to transmit or receive messages, sounds or visual images to anyone outside the courtroom. Prior to entry into the courtroom, counsel shall turn off all cellular phone devices including smartphones, BlackBerrys, iPhones, or similar devices. (3) IT IS FURTHER ORDERED that any person possessing such device within the Section “G” courtroom in violation of Paragraph 1 shall be subject to (1) monetary sanction, and 1 (2) permanent prohibition from entry into the courtroom for the duration of the hearing, or trial both in addition to having such device confiscated and retained by the Court until further notice. (4) IT IS FURTHER ORDERED that food and/or drink (including coffee and bottled water) shall be prohibited from the Section “G” courtroom; likewise, attendees shall refrain from chewing gum and wearing hats and/or sunglasses (over the eyes or on the head) in the Section “G” courtroom, and shall remove same upon entry. NEW ORLEANS, LOUISIANA, this _____ day of September, 2012. _________________________________ NANNETTE JOLIVETTE BROWN UNITED STATES DISTRICT JUDGE 2 10th
=== Pre-trial Notice ===
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA PRE-TRIAL NOTICE IT IS ORDERED that a pre-trial conference will be held in Chambers before Judge Nannette Jolivette Brown, Section G, in this case on the date and time indicated on the attached scheduling order. The purpose of the pre-trial conference is to secure a just and speedy determination of the issues. If the type of pre-trial order set forth below does not appear calculated to achieve these ends in this case, please arrange a conference with the Judge and opposing counsel immediately so that alternative possibilities may be discussed. The procedure necessary for the preparation of the proposed pre-trial order that will be reviewed at the pre-trial conference is as follows: I. The proposed pre-trial order must be electronically filed with the Court by 4:30 p.m. on a day that allows four full work days prior to the conference, excluding Saturdays, Sundays, and holidays. The proposed pre-trial order shall bear electronic signatures of all counsel at the time it is electronically filed with the Court. Following the pre-trial conference, the Court will issue a minute entry which, inter alia, will APPROVE and ADOPT the pre-trial order, either in its entirety or with specified modifications. II. Counsel for all parties shall confer in person (face to face) or by telephone at their earliest convenience for the purpose of arriving at all possible stipulations and for the exchange of copies of documents that will be offered in evidence at the trial. It shall be the duty of counsel for plaintiff to initiate this conference, and the duty of other counsel to respond. If, after reasonable effort, any party cannot obtain the cooperation of other counsel, it shall be that party’s duty to communicate immediately with the Court. The conference of counsel shall be held at least ten days prior to the date of the scheduled pre-trial conference in order that counsel for all parties can furnish each other with a statement of the real issues each party will offer evidence to support, eliminating any issues that might appear in the pleadings about which there is no real controversy, and including in such statement issues of law as well as ultimate issues of fact from the standpoint of each party. Counsel for plaintiff then will prepare a proposed pre-trial order and submit it to opposing counsel. Once any necessary changes are made, counsel for plaintiff shall electronically file the final proposed pre-trial order with the Court. III. At their meeting, counsel must consider the following: A. Jurisdiction. Because jurisdiction may not ever be conferred by consent and because prescription or statutes of limitations may bar a new action if the case or any ancillary demand is dismissed for lack of jurisdiction, counsel should make reasonable effort to ascertain that the Court has jurisdiction. B. Parties. Correctness of identity of legal entities; necessity for appointment of tutor, guardian, administrator, executor, etc., and validity of appointment if already made; correctness of designation of party as partnership, corporation or individual d/b/a trade name. C. Joinder. Questions of misjoinder or nonjoinder of parties. IV. At the pre-trial conference counsel must be fully authorized and prepared to discuss settlement possibilities with the Court. Counsel are urged to discuss the possibility of settlement with each other thoroughly before undertaking the extensive labor of preparing the proposed pre-trial order. V. The pre-trial conference must be attended, in person, by the attorneys who will try the case, unless prior to the conference the Court grants permission for other counsel to attend. These attorneys will familiarize themselves with the pre-trial rules, and will come to the conference with full authority to accomplish the purposes of Rule 16 of the Federal Rules of Civil Procedure. VI. Pre-trial conferences will not be continued except for good cause shown in a written motion presented sufficiently in advance of the conference for opposing counsel to be notified. VII. Failure on the part of counsel to appear at the conference may result in sanctions, including, but not limited to, sua sponte dismissal of the suit, assessment of costs and attorney fees, default, or other appropriate sanctions. 2 All pending motions and all special issues or defenses raised in the pleadings must be called to the court's attention in the proposed pre-trial order. VIII. IX. The proposed pre-trial order shall set forth the following information: The date of the pre-trial conference. The appearance of counsel identifying the party(s) represented. A description of the parties, and in cases of insurance carriers, their insured must be identified. The legal relationships of all parties with reference to the claims, counterclaims, third-party claims, cross claims, etc. 1. 2. 3. 4. a. With respect to jurisdiction, a brief summary of the factual basis supporting each claim asserted, whether original claim, counterclaim, third-party claim, etc., and the legal and jurisdictional basis for each such claim, or if contested, the jurisdictional questions; b. In diversity damage suits, there is authority for dismissing the action, either before or after trial, where it appears that the damages reasonably could not come within the jurisdictional limitation. Therefore, the proposed pre-trial order in such cases shall contain either a stipulation that the amount in controversy exceeds $75,000 or a summary of the evidence supporting the claim that such sum reasonably could be awarded. 5. A list and description of any motions pending or contemplated and any special issues appropriate for determination in advance of trial on the merits. If the Court at any prior hearing has indicated that it would decide certain matters at the time of the pre-trial conference, a brief summary of those matters and the position of each party with respect thereto should be included in the proposed pre-trial order. 6. A brief, joint summary of the material facts. 7. A single listing of all uncontested material facts. 8. A single listing of the contested issues of fact. (This does not mean that counsel must concur in a statement of the issues; it simply means that they must list in a single list all issues of fact). Where applicable, particularities concerning the following fact issues shall be set forth: 3 a. b. c. d. e. f. g. h. Whenever there is in issue the seaworthiness of a vessel or an alleged unsafe condition of property, the material facts and circumstances relied upon to establish the claimed unseaworthy or unsafe condition shall be specified with particularity; Whenever there is in issue negligence of the defendant or contributory or comparative negligence of the plaintiff, the material facts and circumstances relied upon to establish the claimed negligence shall be specified with particularity; Whenever personal injuries are at issue, the nature and extent of the injuries and of any alleged disability shall be specified with particularity; Whenever the alleged breach of a contractual obligation is in issue, the act or omissions relied upon as constituting the claimed breach shall be specified with particularity; Whenever the meaning of a contract or other writing is in issue, all facts and circumstances surrounding execution and subsequent to execution, both those admitted and those in issue, which each party contends serve to aid interpreta- tion, shall be specified with particularity; Whenever duress or fraud or mistake is in issue, and set forth in the pleadings, the facts and circumstances relied upon as constituting the claimed duress or fraud or mistake (see Fed. R. Civ. P. 9(b shall also be set forth in the pre-trial order; If special damages are sought, they shall be itemized with particularity. (See Fed. R. Civ. P. 9(g ; If a conspiracy is charged, the details of facts constituting the conspiracy shall be particularized. 9. 10. A single listing of the contested issues of law, as well as memoranda by each party briefing each contested issue, including citations of relevant authorities. (See explanation in 8 above.) A list and description of the exhibits that each party intends to introduce at the trial. Prior to the confection of the proposed pre-trial order, the parties shall meet, exchange copies of all exhibits, and make a good faith effort to agree as to their authenticity and relevancy. 4 a. b. c. d. e. f. Each list of exhibits first should describe those that are to be admitted without objection, and then those to which there will be objection, noting by whom the objection is made (if there are multiple adverse parties), and the nature of the objection. As to any exhibits to which the parties cannot agree, memoranda briefing the issues, including citations of relevant authorities, shall be electronically filed on or before seven full working days prior to trial. Unless otherwise ordered by the Court, only exhibits included on the exhibit list and/or for which memoranda have been submitted shall be included for use at trial. If a party considers he has good cause not to disclose exhibits to be used solely for the purpose of impeachment, he may ex parte request a conference with the Court and make his position known to the Court in camera. Where appropriate to preserve trade secrets or privileges, the listing of exhibits may be made subject to a protective order or in such other fashion as the Court may direct. If there are such exhibits, the proposed pre-trial order will state: "The parties will discuss exhibits alleged to be privileged (or to contain trade secrets, etc.) at the pre-trial conference." Counsel shall deliver to the Court a bench book of tabbed exhibits seven full working days before the start of the trial. Each counsel shall bring to Court on the day of trial a final list of exhibits, properly marked for identification, which he or she desires to use at trial. In addition, each counsel shall also bring to Court on the day of trial a second set of the exhibits, properly marked for identification, that counsel intends to offer into evidence. If the trial is a jury trial and counsel desires to display exhibits to the members of the jury, then sufficient copies of such exhibits must be available so as to provide each juror with copies. Alternatively, the courtroom is equipped with an Electronic Evidence Presentation Cart which consists of a document camera, vcr/dvd player, input for multiple laptop computers, and a data projector, all of which may be used to display exhibits. The courtroom is also equipped with a large pull-down screen, counsel monitors with the ability for annotation at the witness and attorney stations, and two large plasma screens for the jury’s use. Counsel are instructed to contact the Case Manager (phone number can be found on the Court’s website) to schedule a brief training session on the use of this equipment during the week immediately prior to trial. 5 11. A list of all deposition testimony that each party intends to offer into evidence at trial; furthermore: a. b. The parties shall, prior to trial, meet and agree as to the elimination of all irrelevant and repetitive matter and all colloquy between counsel. In addition, the parties shall, in good faith, attempt to resolve all objections to testimony so that the Court will be required to rule only on those objections to which they cannot reach an agreement as to their merit. As to all objections to the testimony that cannot be amicably resolved, unless otherwise ordered by the Court, the parties shall electronically file, not less than five full working days prior to trial, a statement identifying the portions objected to and the grounds therefor. Proponents and opponents shall furnish the Court appropriate statements of authorities in support of their positions as to the proposed testimony. In non-jury trials, the parties shall, at least seven full working days prior to trial, submit to the court: A summary of what each party intents to prove and convey to the Court by the deposition testimony, including, where appropriate, particular page and line reference to said depositions. The parties shall indicate to the Court by page and line numbers, those parts of the deposition which each party intends to use, and upon which each party shall rely, in proving their respective cases. Any objections to the proposed deposition testimony should be handled in the form and fashion described above. 12. a. A list and brief description of any charts, graphs, models, schematic diagrams, and similar objects which, although not to be offered in evidence, respective counsel intend to use in opening statements or closing arguments; b. Either a stipulation that the parties have no objection to the use of the listed objects for such purpose, or a statement of the objections to their use; and a statement that if other such objects are to be used by any party, they will be submitted to opposing counsel at least five full working days prior to trial and, if there is then opposition to their use, the dispute will be submitted to the Court at least three full working days prior to trial. 13. a. A “will call” list of witnesses for all parties, including the names, addresses, and statement of expected testimony (it is not sufficient to designate the witness simply "fact," "medical," or "expert"); b. A statement that the witness lists were filed in accordance with the Federal Rules of Civil Procedure and prior court orders. No other witnesses shall be allowed unless agreeable to all parties and their addition does not affect the trial date. This restriction will not apply to rebuttal witnesses or documents 6 whose necessity cannot be reasonably anticipated. Furthermore, in the case of expert witnesses, counsel shall certify that they have exchanged expert reports in accordance with the Federal Rules of Civil Procedure and prior court orders. Expert witnesses whose reports have not been furnished to opposing counsel shall not be permitted to testify nor shall experts be permitted to testify to opinions not included in the reports timely furnished; c. d. Except for good cause shown, the Court will not permit any witness to testify unless with respect to such witness there has been complete compliance with all provisions of the pre-trial order and prior court orders; Counsel shall not be allowed to ask questions on cross-examination of an economic expert that would require the witness to make mathematical calcula- tions in order to frame a response unless the factual elements of such questions shall have been submitted to that expert witness not less than three full working days before trial. 14. A statement indicating whether the case is a jury or non-jury case. a. b. c. If the case is a jury case, then indicate whether the jury trial is applicable to all aspects of the case or only to certain issues, which issues shall be specified. In jury cases, add the following provisions: "Proposed jury instructions, special jury interrogatories, trial memo- randa, and any special questions that the Court is asked to put to prospective jurors on voir dire shall be electronically filed with the Court not later than seven full working days prior to the trial date, unless specific leave to the contrary is granted by the Court." In a non-jury case, suggested findings of fact and conclusions of law, including citations to relevant authorities, and a separate trial memorandum briefing contested issues of law are required, unless the Court enters an order that such is not required. Same are to be electronically filed not less than seven full working days prior to trial. In a jury case, trial memoranda are required, unless the Court enters an order that such is not required. The memoranda should address any anticipated evidentiary problems which require briefing and jury instructions and special jury interrogatories that require explanation beyond mere citation to authority. Same are to be electronically filed not less than seven full working days prior to trial. 7 15. 16. 17. 18. 19. 20. In cases where damages are sought, include a statement that: "The issue of liability (will or will not) be tried separately from that of quantum." It is the policy of this Court in appropriate cases to try issues of liability and quantum separately. Accordingly, counsel should be prepared to discuss at the pre-trial conference the feasibility of separating such issues. Counsel likewise should consider the feasibility and desirability of separate trials as to other issues. A statement describing any other matters that might expedite a disposition of the case. A statement that trial shall commence on [month/day] , _[year] at a.m./p.m. and a realistic estimate of the number of trial days required. Where counsel cannot agree upon the number of trial days required, the estimate of each side should be given. The statement that "This pre-trial order has been formulated after conference at which counsel for the respective parties have appeared in person. Reasonable opportunity has been afforded counsel for corrections or additions, prior to signing. Hereafter, this order will control the course of the trial and may not be amended except by consent of the parties and the Court, or by order of the Court to prevent manifest injustice." The statement that "Possibility of settlement of this case was considered." The proposed pre-trial order must contain appropriate signature spaces for counsel for all parties. IT IS FURTHER ORDERED that the foregoing pre-trial notice be mailed to counsel of record for all parties to this case, and that counsel will comply with the directions set forth herein. New Orleans, Louisiana March 21, 2018 NANNETTE JOLIVETTE BROWN UNITED STATES DISTRICT JUDGE EACH NUMBERED PARAGRAPH IS TO BE PRECEDED BY A HEADING DESCRIPTIVE OF ITS CONTENT 8
=== Civil Jury Trial Voir Dire Outline ===
Civil Jury Trial Voir Dire Sample Outline A. B. C. D. E. COURTROOM DEPUTY ADMINISTERS VOIR DIRE OATH JUDGE GIVES INTRODUCTION JUDGE GIVES STATEMENT OF THE CASE JUDGE EXPLAINS THE PURPOSE OF VOIR DIRE EXAMINATION JUDGE ASKS QUESTIONS TO JURY COLLECTIVELY (Jurors raise their hands if the answer to any question is “yes.” Further questioning can be conducted at the bench). Plaintiff 1. The plaintiff in this case is XXXX. Do any of you know this man? Have you ever met him? Had any personal or professional relationship with him? Have you or your family members had any other relationship or business connection with XXXX or his family members? Defendants 2. One of the Defendants in this case is XXXX. Do any of you know this man? Have you ever met him? Had any personal or professional relationship with him? Have you or your family members had any other relationship or business connection with XXXX or his family members? 3. Another Defendant in this case is XXXX. Do any of you know of this company? Have you or any family members ever had any dealings with this company? Have you had any other relationships or business connections with this company? Have any of you or your family members or anyone you know ever worked there? 4. Do you or any of your family members do business with XXXX, such as selling goods or services? 5. Do you or your family members own any interest in XXXX? Lawyers 6. Would the lawyers please rise and identify themselves for the prospective jurors? Do any of you know any of the lawyers for either party in this litigation? 1 7. Have any of the lawyers in this case or any members of their firms acted as your attorney in any legal matter or been the attorney for any member of your family? Jury Service 8. Have you ever served as a juror in a criminal or civil case or as a member of a grand jury either in the federal or state courts? If yes, what kind of case, civil or criminal? What did it involve? How was it resolved? Were you satisfied with your service? Would your service in that case affect your ability to be impartial in this case? Were you selected as the foreperson? Claims and Suits 9. Have you ever filed a claim or lawsuit to recover for personal injuries? Have any claims or lawsuits been filed against you to recover for personal injuries? Have you ever been involved in a claim or lawsuit as a result of an automobile accident? If so, what type of vehicle was involved? Did you go to the doctor after you were injured? Did you go to a doctor recommended by your attorney? [Adjust, as needed, to fit type of case] 10. Have you or has anyone in your immediate family ever participated in any lawsuit as a party or in any other capacity (like a witness or a defendant)? If so, what kind of claim? What did it involve? How was it resolved? Were you satisfied with the outcome? Would that fact influence your ability to be impartial in this case? 11. Do any of you or your family members suffer from any type of physical pain? What is the origin or cause of your pain, if you know? [Adjust, as needed, to fit type of case] Opinions 12. Is there anything that you may have read in the print media or on the Internet, or seen on T.V., or heard on the radio about personal injury cases in general that would affect your verdict? [Adjust, as needed, to fit type of case] 13. Do you disapprove of lawsuits for any reason? 14. Do you have any negative opinions about the court system or people who file lawsuits? 2 15. Have you or your family members ever been involved in a motor vehicle accident that resulted in personal injuries? [Adjust, as needed, to fit type of case] 16. Do you believe that people who file lawsuits are usually entitled to at least some of the money they ask for? 17. Would you find it hard to award someone a lot of money, even if the law and the facts warrant such an award? 18. Would you find it difficult to award money for pain and suffering? 19. One defendant in this case is a business. Businesses are entitled to the same fair trial as private individuals. Therefore, you should decide this case as you would an action between persons of equal standing in the community, of equal worth, and holding the same or similar stations in life. Can anyone not follow this instruction? [Adjust, as needed, to fit type of case] 20. Do you have any training or education in law or law enforcement? 21. Have you or any of your family ever worked in a law firm or legal agency? Witnesses 22. The witnesses who are expected to testify in connection with this case are: • XXXX • XXXX 23. Do you know any of these people? Exposure to Case Facts 24. Do you have any information about the facts of this case other than what I told you today? 25. Do you have any opinion whatsoever about this case? 26. Have you read or heard any media accounts about this trial, whether newspaper, radio, television, or internet? [Discuss at bench] Follow-up: What did you see or hear? Can you put it out of your mind and decide solely on the evidence presented in this case? 27. Has anyone talked to you about this case? General Questions 28. If you were one of the parties in this case, do you know of any reason why you 3 would not be content to have this case tried by someone in your frame of mind? 29. If you are selected to sit on this case, will you be able to render a verdict solely on the evidence presented at the trial and in the context of the law as I give it to you in my instructions, disregarding any other ideas, notions, or beliefs about the law that you may have encountered in reaching your verdict? That means, even if the lawyer or a witness inadvertently talks about legal standards or the law, would you rely only on the law as I give it to you? 30. Would you be unable or unwilling to put aside any feelings of sympathy or compassion for the Plaintiff or the Defendants and decide this case solely on its merits and according to the law as I will explain it to you? 31. Is there any member of the panel who has difficulty reading, hearing, or understanding English? 32. Is there any member of the panel who has any special disabilities or problems that would make serving as a member of the jury difficult or impossible? 33. Do you know of any reason why you think that you could not sit in this case and render a just, fair, honest, and impartial verdict? 34. This case may last XXXX days. Is there anything out of the ordinary going on in your life that would prevent you from serving for such a period of time as is necessary to complete this case? 35. Having heard the questions put to you by the Court, does any other reason suggest itself to you as to why you could not sit on this jury and render a fair verdict based on the evidence presented to you and in the context of the Court’s instructions to you on the law? 36. Does anyone have anything else on their mind which would affect your ability to serve on this jury that I did not cover in the questions I already asked? If so, please raise your hand. Burden of Proof 37. This is a civil case. Plaintiff has the burden of proving his case and Defendants have the burden of proving their defense by what is called a preponderance of the evidence. That means that the parties have to produce evidence which, 4 considered in light of all facts, leads you to believe that what they claim is more likely true than not. Those of you who have sat on criminal cases will have heard of proof beyond a reasonable doubt. That requirement does not apply to a civil case, and you should therefore put it out of your mind. Is there anyone who is unwilling or unable to follow this rule of law? F. QUESTIONS TO EACH INDIVIDUAL JUROR 1. What is your name? 2. Where did you go to school? 3. What do you do for a living? 4. 5. Are you married or do you live with someone? Does your spouse or partner work outside the home? 6. What do they do for a living? 7. 8. Do you have children? What do they do? Are you married with a single household income? G. JUDGE CALLS COUNSEL TO BENCH AND ASKS IF ANY ADDITIONAL QUESTIONS TO PARTICULAR JURORS ARE REQUESTED H. I. J. K. JUDGE RULES ON ANY CHALLENGES FOR CAUSE COUNSEL EXERCISE PEREMPTORY CHALLENGES JUDGE EMPANELS THE JURY COURTROOM DEPUTY ADMINISTERS THE OATH 5
=== SECTION G HEARING PROTOCOLS DURING COVID-19 ===
SECTION G HEARING PROTOCOLS DURING COVID-19 Before arriving at the courthouse each day, All participants must answer the following questions by emailing chambers at eFile- [email protected]. 1) In the past 24 hours, have you had any signs or symptoms of fever, such as chills, sweats, feeling “feverish” or having a temperature that is elevated for you or 99.5F or greater? 2) Have you experienced any of the following symptoms in the last 48 hours: Cough, shortness of breath, or chest tightness Sore throat or unexplained loss of smell/taste Diarrhea, nausea or vomiting 3) In the last 14 days have you: Traveled outside of the United States? Been in contact with anyone who has a confirmed COVID 19 diagnosis? Been notified that you may have been exposed to COVID 19? Been exposed to anyone that has an open COVID 19 test? Have you been diagnosed with COVID 19? All participants must answer these questions between 7:00 and 8:00 a.m. the mornings of the proceeding by emailing chambers by 8:00 a.m. In the event that any participant is not permitted to enter the courthouse, the Court will schedule a telephone conference with counsel to discuss how to proceed. An additional screening, including temperate check, will occur at the public entrance of the courthouse. In the courthouse, 1. Face masks must be worn at all times. A minimum social distance of six feet should be maintained. Upon arrival, all participants shall proceed directly to the courtroom. Remain outside the courtroom and socially distance until your case is called. 2. No more than 2 people may use the elevator at a time. In the courtroom, 1. Counsel, along with their clients and client representatives, must remain at their designated counsel table at all times except when speaking at the podium. 2. Face masks must be worn at all times. 3. Plexiglass shields have been installed along the Judge’s upper and lower bench as well as the witness stand. Additionally, a plexiglass shield has been placed on counsel table dividing it in half. All participants must remain behind the plexiglass partitions. 4. Counsel will not be permitted to approach the witness stand and should be prepared to display all exhibits electronically. Counsel may contact the case manager at (504) 589- 7680 to discuss the capability of the courtroom’s evidence presentation equipment. 5. Physical handling and transfer of exhibits is discouraged. A hard copy or flash drive of all exhibits expected to be admitted during the duration of the proceeding shall be given to the case manager before the start of trial or hearing. 6. Counsel are strongly encouraged to avoid unnecessary handling of items in the courtroom. Hand sanitizer, gloves and Kleenex will be placed at various points throughout the courtroom. Counsel should apply hand sanitizer prior to adjusting any microphone or using the evidence presentation equipment. 7. All water pitchers have been removed from the courtroom. The Court is currently providing bottles of water. At the end of the day, counsel shall remove all bottles or containers from counsel table. 8. Witnesses must be on call or scheduled for their appearance to reduce exposure and unnecessary waiting. Counsel should instruct witnesses to remain outside the courtroom and socially distance from others with a face mask on at all times while awaiting to be called to testify. Any witness on stand-by may be allowed to wait in the Court’s jury room upon request to the Court by the party who will call the witness. 9. Wipes will be provided at the witness stand. The witness shall wipe down the stand and plexiglass after he/she is excused. The witness should also remove the cover on the microphone when exiting the witness stand. Any subsequent witness will replace the microphone cover. Microphone covers will be made available by the Court. All high-touch surfaces, including but not limited to, chairs, tables, podiums, door handles, etc., will be wiped down and disinfected at the end of each day. 10. The Court should be advised immediately if a participant becomes unavailable to appear in person due to COVID-19. In that event, a link will be provided to allow participation by Zoom. In the event that a witness must appear by Zoom, counsel must have a laptop or computer available in the courtroom.