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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL Pursuant to the Court’s January 2, 2015 General Order for Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, this case has been randomly assigned to a magistrate judge. Pursuant to 28 U.S.C. § 636(c), with written consent of all parties, the assigned magistrate judge may conduct all proceedings in this case, including all pretrial and trial proceedings, and the magistrate judge may enter judgment and resolve any post-trial motions. If the parties consent unanimously to dispositive jurisdiction by the magistrate judge, then any appellate challenge to the final judgment or to any interlocutory order in this case shall be made directly to the United States Court of Appeals for the Eleventh Circuit. You must complete the attached form to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge. You may complete the form electronically and submit it by logging into CM/ECF at the following web address: https://ecf.alnd.uscourts.gov. When you submit the form electronically, it will be delivered directly to the Clerk of Court; it will not be filed on the docket sheet, and no judge will have access to the form. Alternatively, you may print the form, complete it manually, and submit the form to the Clerk’s Office. You may withhold consent without adverse consequences. If you are the plaintiff or the removing party in this case, you must file your consent/declination form within 45 days of receipt of this notice. Each other party must file its consent/declination form within 45 days of appearing in this case. Only the Clerk of Court shall review the parties’ consent/declination forms. If all parties have not provided written consent to magistrate judge jurisdiction within 45 days after either (1) the last served defendant has filed an answer, (2) a defendant has filed a motion to dismiss, or (3) a plaintiff has filed a motion to remand, whichever occurs first, then the Clerk shall reassign the case to a district judge. The plaintiff or removing party must serve a copy of this notice upon all other parties to this action with the summons and complaint or upon receipt of this notice, whichever comes first. SHARON N. HARRIS CLERK OF COURT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Plaintiffs v. Defendant(s)., Defendants. } } } } } } } } } Case No.: Case Number. CONSENT OR DECLINATION TO MAGISTRATE JUDGE JURISDICTION INSTRUCTIONS: Please indicate below by checking one of the two boxes whether you (if you are the party) or the party you represent (if you are an attorney in the case) choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form below your selection. ☐ Consent to Magistrate Judge Jurisdiction In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to have a United States magistrate judge conduct all further proceedings in this case, including trial and entry of final judgment. I understand that appeal from the judgment shall be taken directly to the United States Court of Appeals for the Eleventh Circuit. OR ☐ Decline Magistrate Judge Jurisdiction In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United States magistrate judge conduct all further proceedings in this case and I hereby request that this case be reassigned to a United States district judge. DATE: Insert Date., 20 Year. NAME: Name. COUNSEL FOR (OR “PRO SE”): Name. Signature

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NOTICE OF ASSIGNMENT OF SOCIAL SECURITY APPEAL TO A UNITED STATES MAGISTRATE JUDGE Pursuant to the Court’s January 2, 2015 General Order for Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, this social security appeal has been randomly assigned to a magistrate judge. Pursuant to 28 U.S.C. § 636(c), with written consent of all parties, the assigned magistrate judge may conduct all proceedings in this case, including entry of final judgment and resolution of any post-judgment motions. If the parties consent unanimously to dispositive jurisdiction by the magistrate judge, then any appellate challenge to the final judgment or to any interlocutory order in this case shall be made directly to the United States Court of Appeals for the Eleventh Circuit. You MUST complete the attached form to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge. You may complete the form electronically and submit it by logging into CM/ECF at the following web address: https://ecf.alnd.uscourts.gov. When you submit the form electronically, it will be delivered directly to the Clerk of Court; it will not be filed on the docket sheet, and no judge will have access to the form. Alternatively, you may print the form, complete it manually, and submit the form to the Clerk’s Office. You may withhold consent without adverse consequences. In the event fewer than all of parties elect to consent, the clerk will not inform any of the judges of the identity of the non- consenting party/parties. If all parties do not consent, this matter will be reassigned to a randomly drawn district judge for all further proceedings after the magistrate judge files a report and recommendation concerning disposition of this matter. GREER M. LYNCH CLERK OF COURT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA DIVISION ., Plaintiffs v. Social Security Administration, Commissioner., Defendants. } } } Case No.: } } CONSENT OR DECLINATION TO MAGISTRATE JUDGE } } JURISDICTION } } INSTRUCTIONS: Please indicate below by checking one of the two boxes whether you (if you are the party) or the party you represent (if you are an attorney in the case) choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form below your selection. □ Consent to Magistrate Judge Jurisdiction In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to have a United States magistrate judge conduct all further proceedings in this case, including trial and entry of final judgment. I understand that appeal from the judgment shall be taken directly to the United States Court of Appeals for the Eleventh Circuit. OR □ Decline Magistrate Judge Jurisdiction In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United States magistrate judge conduct all further proceedings in this case and I hereby request that this case be reassigned to a United States district judge. DATE: Insert Date., 20 Year. NAME: Name. COUNSEL FOR (OR “PRO SE”): Name. Signature

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Plaintiff(s) vs. Defendant(s)., Defendant(s Case No. Case Number. O R D E R On [DATE OF TRIGGERING EVENT] the [PARTY] filed a[n] [MOTION TO DISMISS, MOTION TO REMAND, or ANSWER]. (Doc. Document Number.). Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by Magistrate Judge Nicholas A. Danella pursuant to 28 U.S.C. ' 636(c) by no later than [DATE 45 DAYS AFTER DATE OF TRIGGERING EVENT]. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a randomly drawn district judge 1 without further order after [DATE 45 DAYS AFTER DATE OF TRIGGERING EVENT]. A telephone status conference is hereby SET for [TIME] on [DATE 21 DAYS AFTER DATE OF FILING OF TRIGGERING EVENT]. The parties are DIRECTED to call _____ to access the telephone conference. The access code is ______. The parties should call in five minutes prior to the start time of the conference. The parties are directed to use the magistrate judge consent form on the CM/ECF system to elect or decline the exercise of magistrate judge jurisdiction. Unlike in the past, a party can now complete the consent form electronically and submit it through the Court’s CM/ECF filing system at the following web address: https://ecf.alnd.uscourts.gov. If a party submits the form electronically, the form will be delivered directly to the Clerk. It will not be filed on the docket sheet, and no judge will have access to the form. Alternatively, a party may print the form, complete it manually, and submit it to the Clerk=s office. A failure to complete the form and submit it, either electronically or manually, to the Clerk will result in the case being reassigned after [DATE 45 DAYS AFTER DATE OF TRIGGERING EVENT]. 2 You may decline magistrate judge jurisdiction without adverse consequences. The identity of any party who consents to magistrate judge jurisdiction will remain unknown to the undersigned unless consent is unanimous. The undersigned will only learn of a party’s election to consent where all parties have consented. In the event fewer than all parties elect to consent, the Clerk will not inform the undersigned of the identity of the non-consenting party/parties. If all parties consent, Magistrate Judge Danella will exercise full and final dispositive jurisdiction, and all appeals will lie directly with the appropriate United States Court of Appeals. DONE and ORDERED this __ day of _____, 20__.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Plaintiff(s) vs. Defendant(s)., Defendant(s Case No. Case Number. ORDER REGARDING COMPLIANCE WITH RULE 26 The parties are reminded to conduct a conference pursuant to Federal Rule of Civil Procedure 26(f). The parties must confer no later than twenty-one (21) days after the entry date of this order. During the Rule 26(f) conference, the parties’ discussions shall cover at least the following topics: $ $ the nature and basis of the claims and defenses and the possibility of a prompt settlement or resolution of the case through formal mediation or informal settlement negotiations; a proposed discovery plan, including deadlines for the matters addressed in sub-paragraphs (1) through (4) of Rule 26(f) and a protocol to govern the search and production of electronically stored information; and $ the need for a protective order for disclosure of Aprotected health information.@1 If the parties are unable to agree upon a date, time, or place for the Rule 26(f) conference, the parties are ORDERED to immediately file a joint notice with the court. 1 If the parties agree to the entry of the court’s standard HIPAA protective order, they may indicate their agreement in the joint report of planning meeting. If the parties require a HIPAA order tailored to the case, the moving party should email a proposed draft order to the chambers email address upon the filing of a motion. 1 Additionally, to the extent they have not already done so and unless otherwise stipulated or ordered, the parties shall exchange the initial disclosures required under Rule 26(a)(1) no later than seven (7) days before the meeting in order to facilitate better discussions during the discovery conference. Within fourteen (14) days of the Rule 26(f) meeting, the parties must file a joint report of their planning meeting. The report should include but need not be limited to the following: $ $ $ $ $ $ a brief description of the nature of the case; an indication of the parties’ assessment of the complexity of the case; proposed deadlines for amending the pleadings, joining additional parties, discovery, and dispositive motions; a statement regarding the parties’ initial interest in alternative dispute resolution; any issues about claims of privilege or of protection as trial-preparation materials, including—if the parties agree on a procedure to assert these claims after production—whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502; and, if applicable, an indication that a party anticipates that it may, for any reason other than as a sanction under the Federal Rules of Civil Procedure, seek an award of fees from the opposing party, as well as the potential basis for that request—e.g., pursuant to a statute or common law or an agreement between the parties. If the parties disagree about any item, the parties’ respective positions must be clearly set forth in separate paragraphs. The parties are encouraged, but not required, to use the templates attached as Appendix A and Appendix B to this Order in preparing their joint report. 2 APPENDIX A UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA ______ DIVISION [Name(s) of plaintiff(s)] Plaintiff(s), v. [Name(s) of defendant(s)] Defendant(s). Civil Action No. ___ REPORT OF THE PARTIES’ PLANNING MEETING 1. The following persons participated in a Federal Rule of Civil Procedure 26(f) conference on <Date> by <State the method of conferring>: <Name>, representing the <plaintiff(s)> <Name>, representing the <defendant(s)> 2. Initial Disclosures. The parties [have completed] [will complete by <Date>] the initial disclosures required by Rule 26(a)(1). 3. Discovery Plan. The parties propose this discovery plan: <Use separate paragraphs or subparagraphs if the parties disagree.> (a) (b) (c) (d) (e) (f) (g) (h) (i) Discovery will be needed on these subjects: <Describe>. <Dates for commencing and completing discovery, including discovery to be commenced or completed before other discovery.> <Maximum number of depositions by each party.> <Limits on the length of depositions, in hours.> <Maximum number of interrogatories by each party to another party, along with the dates the answers are due.> <Maximum number of requests for production.> <Maximum number of requests for admission, along with the dates responses are due.> <Dates for exchanging reports of expert witnesses.> <Dates for supplementations under Rule 26(e).> 3 (j) <Any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced, including agreements reached under Federal Rule of Evidence 502.> 4. Other Items: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) <A date if the parties ask to meet with the court before a scheduling order.> <Final dates for the plaintiff to amend pleadings or to join parties.> <Final dates for the defendant to amend pleadings or to join parties.> <Final dates to file dispositive motions.> <State the prospects for settlement.> <Identify any alternative dispute resolution procedure that may enhance settlement prospects.> <Requested dates for pretrial conference.> <Suggested trial date and estimate of trial length.> <State whether any party anticipates that it may seek an award of fees from the opposing party, and the potential basis for that request (e.g., statute, common law, or agreement).> <Other matters.> Date: <Date> <Signature of the attorney or unrepresented party> ____________________________________ <Printed name> <Address> <E-mail address> <Telephone number> Date: <Date> <Signature of the attorney or unrepresented party> ____________________________________ <Printed name> <Address> <E-mail address> <Telephone number> 4 APPENDIX B CASE NAME Case No. SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET A. Deadlines Initial Disclosures Parties’ Requested Dates Deadline to Join Parties or Amend Pleadings P: D: Expert Reports P: D: Fact & Expert Discovery Complete Dispositive motions Pretrial Conference Trial Date B. Discovery Limits Depositions Interrogatories Requests for Production Requests for Admissions Parties’ Requested Limits 5

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Choose an item., v. Defendant(s)., Choose an item.. Case No.: Case Number. INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS1 I. Discovery The parties may commence discovery pursuant to the terms of Federal Rule of Civil Procedure 26. In cases removed from state court in which discovery requests were served before removal, those discovery requests shall be deemed to have been served on the date that the parties file their Rule 26 report. The parties are instructed to review Local Rule 5.3 regarding the non-filing of discovery materials in civil cases. Prior to filing any motion regarding a discovery dispute, the moving party must serve the opposing party with a letter (or email) identifying each issue and/or discovery request in dispute, stating the moving party’s position with respect to each such issue and/or request, and specifying the terms of the discovery order to be sought. Afterward, counsel for the parties shall confer in a good faith effort to resolve the dispute in whole or in part without court intervention. Counsel 1 This Order, along with Judge Danella’s other standard orders in civil cases and general is available at https://www.alnd.uscourts.gov/ information about chambers procedures, at The Local Rules content/magistrate-judge-nicholas-a-danella. www.alnd.uscourts.gov, Local Rules and Orders. Each attorney and pro se party who appears in this case must comply with this Order and the Local Rules. available are 1 may attempt to resolve the dispute via virtual or telephone conference rather than in person. If the parties are unable to reach a resolution after conferring with each other, they must request a conference with the court. If the dispute is not resolved after the conference with the court, the court may grant leave to file a discovery motion. No discovery motion should be filed without leave of court. II. Electronic Submissions A. CM/ECF Record The official record of this case is maintained electronically pursuant to CM/ECF. Documents must be filed through CM/ECF in PDF (Portable Document Format), unless submitted by a party appearing pro se, in which case documents should be filed with the Clerk of Court. Except in extraordinary circumstances, all filings shall be consistent with the Court’s Civil Administrative Procedures Manual, which is available at www.alnd.uscourts.gov, For Attorneys, Polices and Procedures. B. Protected Information The parties must comply with the court’s Administrative Procedures Manual for electronic filing with respect to redacting personal identifiers. Counsel should redact personal or sensitive information (e.g., Social Security numbers, drivers’ license numbers, birth dates, addresses, telephone numbers, bank account and credit card information) in compliance with the E-Government Act. When filing material under seal, the parties must comply with the Administrative Procedures Manual. Ex parte communications are not allowed. Absent leave of court, all communications to the chambers email address must show a copy to all opposing counsel or pro se parties. III. Motion Practice The following must appear on the first page of every motion or brief directly below the 2 case number in the caption of the pleading: (1) the indication “ORAL ARGUMENT REQUESTED,” if the party requests oral argument; and (2) an indication whether the motion is OPPOSED or UNOPPOSED. In addition, where applicable, a party should indicate that a motion is a time sensitive (“TIME SENSITIVE”) or emergency (“EMERGENCY”) submission. A motion is a time sensitive submission where the party requests a ruling in 5 business days or less. A motion is an emergency submission where the party requests a ruling in 2 business days or less. A. Format Applicable to All Motions and Briefs The parties’ motions and briefs shall be in Times New Roman font and 12-point type. Footnotes shall be in 12-point type. Documents shall be double spaced; footnotes and indented quotations that exceed three lines may be single spaced. Citations to the record must include the document number, page number, and paragraph or line number (where available). B. Summary Judgment Motion Requirements 1. Briefing Schedule The parties will receive a scheduling order with a deadline for filing dispositive motions. Any motion for summary judgment, supporting brief, and evidentiary materials must be filed on or before that deadline. A motion for summary judgment, the supporting brief, and any supporting evidentiary materials should be filed as separate documents on the CM/ECF docket. Unless otherwise ordered by the court, the opponent’s responsive submission must be filed no later than 21 calendar days after the motion for summary judgment is filed. And, unless otherwise ordered by the court, the movant’s reply brief (if any) must be filed no later than 14 calendar days after the date on which the opponent’s responsive brief was due under this Order. 3 2. Page Limits Initial and responsive briefs are limited to thirty (30) pages. Reply briefs are limited to fifteen (15) pages. Summary judgment briefs should include a Table of Contents and Table of Authorities, which do not count toward the page limits. C. Motion Requirements (Other than Summary Judgment) 1. Briefing Schedule A party filing a motion (other than one for summary judgment) shall incorporate in the motion the arguments and/or authorities on which the motion relies; separate motions and supporting briefs are discouraged. Unless otherwise ordered by the court, the opponent’s responsive brief must be filed no later than 14 calendar days after the motion is filed. And, unless otherwise ordered by the court, the movant’s reply brief (if any) must be filed no later than 7 calendar days after the date on which the opponent’s responsive brief was due under this Order. 2. Page Limits Initial and responsive briefs for a motion (other than one for summary judgment) are limited to fifteen (15) pages, excluding exhibits. Reply briefs are limited to ten (10) pages, excluding exhibits. D. Requirements for Evidentiary Materials With their briefs, the parties must file all evidentiary materials (e.g., affidavits, exhibits, depositions, etc.) on which they rely in support of or in opposition to a motion—except those evidentiary materials included in the moving party’s initial submission, which any party opposing or responding to the motion may reference without resubmitting additional copies of the same materials. 4 Citations and/or specific references must include the exhibit number, page number, and the paragraph or line number (where available). While the court may consider evidentiary materials that are not filed and not specifically referenced in any brief, no party should assume that the court will consider such materials. Evidentiary materials must contain a Table of Contents that includes a brief narrative description of each document, e.g., “Plaintiff’s Exhibit 1, the Deposition of John Doe.” For ease of citation, each exhibit, affidavit, deposition, etc. must be separately identified by a capital letter or number (e.g., “Exhibit A” or “Exhibit 1”); and, if the exhibit includes more than one page, each page must be separately numbered. The parties are DIRECTED to submit complete deposition transcripts, even if only relying on an excerpt, in travel transcript format consisting of no more than 4 pages of deposition text per 8 ½ by 11 inch page. E. Motions to Withdraw as Counsel Unless a client still would be represented by other counsel, a motion to withdraw as counsel must include a certification that the moving attorney has served a copy of the motion on his or her client and has informed the client of the right to file an objection with the court within 14 calendar days of the date of the notification. F. Oral Argument The court generally will set cases for oral argument, if requested. As stated above, if any party desires oral argument, the party should request argument in its motion or response. All motions, responses, briefs, evidentiary materials, and other filings related to any matter set for hearing before the court should be filed electronically no later than 4:30 p.m. CT the day before the date of the hearing. Papers filed after that time may not be considered at the hearing. 5 G. Courtesy Copies For all submissions exceeding thirty (30) pages (including exhibits), the filing party must submit, no more than 5 business days after filing, an exact courtesy copy of the submission. Each page must include the CM/ECF header “stamp,” showing the case number, document number, date, and page number. Courtesy copies must be submitted to the Clerk’s Office for delivery to chambers. Courtesy copies should be double-sided and securely bound in a tabbed 3- ring binder. Each document with a separate CM/ECF docket number should have its own tab in the 3-ring binder; and the filing party may submit more than one 3-ring binder, as appropriate. IV. Suitability of Action for Alternative Dispute Resolution The parties should give early consideration to the possibility of settlement to avoid unnecessary costs and fees. The court requires that all attorneys, along with their clients, make an early analysis of the case and be prepared to discuss settlement at an early date. The parties also shall consider and discuss whether this action may be suitable for mediation, whether under the court’s ADR plan or otherwise. V. Particular Cases The undersigned’s webpage contains standard orders for cases that involve EEOC charges and fee shifting. If a party anticipates that it may, for any reason other than as a sanction under the Federal Rules of Civil Procedure, seek an award of fees from the opposing party pursuant to a statute or common law or an agreement between the parties, then the party must comply with the mandatory rules for fee shifting cases. 6

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Choose an item., v. Defendant(s)., Choose an item.. Case No.: Case Number. SCHEDULING ORDER This order is entered under Federal Rule of Civil Procedure 16(b) based on the parties’ report of a planning meeting. Doc. __. This order governs further proceedings in this action unless modified for good cause shown. 1. Pleadings and Parties: No causes of action, defenses, or parties may be added after Click here to enter a date. as to plaintiff(s) and Click here to enter a date. as to defendant(s). Unless the party’s pleading may be amended as a matter of course pursuant to Federal Rule of Civil Procedure 15(a), the party must file a motion for leave to amend. Such motion for leave to amend shall state, specifically, those matters the party wishes to add or delete and shall contain, attached as an exhibit, the complete and executed amended pleading, which is suitable for filing. The motion for leave to amend, with the attached amended pleading, shall be served in accordance with Federal Rule of Civil Procedure 5. 2. Dispositive Motions: All potentially dispositive motions and evidentiary submissions upon which a party will rely in support of the motion must be filed no later than Click here to enter a date. (approximately 6 weeks after close of discovery).1 3. Discovery Limitations and Deadlines: a. Depositions: Maximum of __ by each party. Each deposition is limited to a maximum of 7 hours. Interrogatories: Maximum of __ by any party directed to any other party. 1 The parties are directed to review the Initial Order entered in this action for specific briefing submission requirements for dispositive motions. Requests for Production: Requests for Admission: Maximum of __ by any party directed to any other party Maximum of __ by any party directed to any other party. b. Expert Testimony: Unless modified by stipulation of the parties, the disclosures of expert witnesses—including a complete report under Federal Rule of Civil Procedure 26(a)(2)(B) from any specially retained or employed expert—are due: From plaintiff(s): by Click here to enter a date. From defendant(s): by Click here to enter a date. c. Supplementation: Supplementation of disclosures and discovery under Federal Rule of Civil Procedure 26(e) is due within a reasonable period of time after discovery of such information, but all such supplementation shall be provided no later than fourteen (14) days before the close of discovery. d. Deadline: All discovery must be commenced in time to be completed by Click here to enter a date. The parties are reminded that, before moving for an order relating to discovery, the movant must request a conference with the court. e. Privileged Material: Pursuant to Federal Rule of Evidence 502(b) and (d), the inadvertent disclosure of any privileged communication, information, document, or ESI shall not operate as a waiver of the privilege in this or any other proceeding to the extent the producing party complies with the requirements of Federal Rule of Evidence 502(b) and Federal Rule of Civil Procedure 26(b)(5)(B).2 4. Status Conferences, and Settlement Conference: This case is SET for a Telephone Status Conference on Click here to enter a date. (approximately 6 months from now). The parties should anticipate routine telephone status conferences every six (6) months thereafter. In addition, the parties shall conduct an in-person Settlement Conference no later than Click here to enter a date. (30 days before the close of discovery). Within five (5) days of this settlement conference, counsel shall separately and confidentially send an email to chambers at [email protected], stating only whether a settlement was reached and, if not, whether the parties are amenable to mediation. 2 This provision is superseded by any agreement that the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced, including agreements reached under Federal Rule of Evidence 502, where the parties have submitted a proposed order to that effect and the court has entered that order. 2 If the parties are amenable and the court refers them to mediation, the parties must submit, within a week of the completion of mediation, a joint status report informing the court whether mediation was successful. If mediation is not successful, the court will set a Status Conference by separate order. If the parties do not reach a settlement at their Settlement Conference, and are not amenable to mediation, the court will set the case for a Status Conference approximately two (2) weeks after receiving the parties’ email correspondence regarding their in-person settlement conference. 5. 6. 7. 8. Additional conferences, including a Pretrial Conference, will be scheduled as needed by separate order. Final Lists (Trial): At the Pretrial Conference, the court will establish deadlines for the exchange and filing of lists of trial witnesses, exhibits, and objections under Federal Rule of Civil Procedure 26(a)(3), as well as the deadlines and limits for motions in limine. Trial: The parties shall be ready for trial by Click here to enter a date., to be scheduled by separate order. Notice of Settlement: The parties must notify the court within two (2) business days of reaching any settlement. Other Agreements Incorporated: The report of parties (Doc. __) may memorialize agreements not reflected here. This order incorporates any such agreements to the extent they do not conflict with the express terms of this order or any other order entered by the court. 3

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Choose an item., v. Defendant(s)., Choose an item.. Case No. Case Number. QUALIFIED HIPAA PROTECTIVE ORDER The parties are hereby granted the right, upon compliance with the applicable discovery provisions of the Federal Rules of Civil Procedure and the orders of this court, to obtain from any health care provider, health plan, or other entity covered by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104- 191, 110 Stat. 1936 (1996) (“HIPAA”), any and all information relating to the past, present, or future medical condition of any individual who is a party to this action (or the decedent or ward of a party who sues in a representative capacity), as well as any and all information relating to the provision of health care to such individual and payment for the provision of such health care. This order authorizes any third party who is provided with a subpoena requesting the production of documents or commanding attendance at deposition or trial to disclose the protected health information in response to such request or subpoena. This order is intended to authorize such disclosures under the privacy regulations issued pursuant to HIPAA. 45 C.F.R. § 164.512(e)(1)(i). The parties are expressly prohibited from using or disclosing the protected health information obtained pursuant to this order for any purpose other than this action. Immediately upon the conclusion of this action, the parties are ordered either to return the protected health information to the covered entity from whom or which it was obtained or to destroy the protected health information (including all copies made). See 45 C.F.R. §§ 164.502(b) & 164.512(e)(1)(v). DONE this ____ day of _______________. 2

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MANDATORY RULES FOR FEE SHIFTING CASES If a party anticipates that it may, for any reason other than as a sanction under the Federal Rules of Civil Procedure, seek an award of fees from the opposing party pursuant to a statute or common law or an agreement between the parties, then the party must maintain a record of accumulated fees and expenses pursuant to the rules listed below. Submission of time records that comply with the following rules is a prerequisite to any such award. (1) Counsel must maintain a separate record of time with a complete and accurate accounting of all time devoted to this particular action (to the nearest 1/10 of an hour), recorded contemporaneously with the time expended for each attorney and with sufficient detail to disclose the nature of the work performed in the action (e.g., not just Aresearch@ but the specific matter being researched; not just Aconference@ but identity of persons conferring and general subject matter of the conference). (2) If a claim will be made for services performed by any person not a member of the bar, a separate time record shall be maintained for each such individual in accordance with (1) above. (3) Counsel must review and verify all attorney and non-attorney time records no less than once per month. (4) Although the Court does not require counsel to file a copy of the time records prior to a request for a fee, counsel may file with the Clerk of the Court either a copy of the time record created pursuant to (1) above, or a separately prepared document setting forth the information described in (1) above. If counsel elects to file reports, they should be filed by the 15th day of the month following the month in which the work was performed during the pendency of the case. If counsel elects to file time reports, the material filed may be filed under seal, subject to further Court order, by placing the reports in a sealed envelope with the AATTORNEY TIME case name and number along with RECORDS - FILE UNDER SEAL@ written on the outside of the envelope. If the material is filed under seal, then the filing party must, at the time of such filing, also file (and serve a copy on opposing parties or their counsel) a document stating the total of the hours represented by the sealed filing, allocated as to total attorney hours and total non-attorney hours included in the current filing under seal. Upon the conclusion of the case, without further order, the seal will be lifted as to all attorney fee materials filed under seal. (5) A petition for attorney fees shall be accompanied by counsel=s certification that all time records are accurate; that such records were prepared contemporaneously with the performance of the work for which the fees are claimed; and that counsel reviewed and verified all attorney and non-attorney time records no less frequently than once per month. Take Notice: Failure to comply with the foregoing requirements normally will result in denial of a request for attorneys’ fees. DONE and ORDERED this ____ day of ________________________

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STANDING ORDER FOR CASES THAT INVOLVE EEOC CHARGES If this case is one in which the filing of a charge of discrimination with the Equal Employment Opportunity Commission or similar agency is a prerequisite to suit, then the PLAINTIFF(S) MUST file with the Clerk of Court at the time of filing the disclosures required by Fed. R. Civ. P. 26(a)(1): (A) a copy of all charges of discrimination filed with the EEOC and which form the bases of the action; and (B) a copy of the EEOC’s response to all such charges of discrimination filed with that agency, including the notice of right to sue. DONE this day ________of _________________.

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Pro Hac Vice Admissions: Under Local Rule 83.1(b), an application for admission pro hac vice must include the following information: 1. 2. 3. 4. 5. The applicant’s residence address; The applicant’s office address, telephone number, facsimile number, and e-mail address; The courts to which the applicant is admitted to practice and the dates of admission;1 A statement that the applicant is in good standing and eligible to practice in all courts to which admitted; and The address, telephone number, facsimile number, and e-mailed address of local counsel, as well as local counsel’s written consent to designation.2 The application must be accompanied by payment of the prescribed admission fee. Local counsel must file a notice of appearance within ten days of the approval of the application. 1 An attorney who is not a member of the bar of this court is not eligible for admission pro hac vice, unless he or she is admitted to practice before the United States District Court for the district in which (or before the highest court in the state in which) he or she resides or regularly practices law. See Local Rule 83.1(b)(1). 2 The parties are directed to Local Rule 83.1(b)(2) for a description of the duties of local counsel.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Choose an item., v. Defendant(s)., Choose an item.. Case No.: Case Number. ORDER SETTING TRIAL DATE AND PRETRIAL SCHEDULE 1. This case is SET for trial on (MONDAY[T1], DATE, AND TIME) in [Courtroom 3B of the Hugo L. Black U.S. Courthouse, 1729 Fifth Avenue North, Birmingham, Alabama 35203]. This is a “hard” trial-date setting, and not a trial- ready date. 2. This case is SET for an initial, telephonic Pretrial Conference on (MONDAY[T1 minus 21 days], DATE, AND TIME). The parties should dial 888-363-4735 and enter access code 6785641 to participate in the call. 3. This case is SET for a Final Pretrial Conference on (THURSDAY[T1 minus 4 days], DATE, AND TIME) in [Courtroom 3B of the Hugo L. Black U.S. Courthouse] (see above). [By notifying chambers not less than two business days prior to the scheduled Pretrial Conference, attorneys located outside the division or district may request to participate by telephone as long as one attorney for each party 1 attends in person. DELETE WHERE INAPPLICABLE]. Counsel of record are requested to notify any attorneys subsequently appearing in this case of the scheduled conference. 4. The Standard Pretrial Procedures specified in Exhibit A (attached) are adopted as part of this order. 5. The parties are required to follow the court’s Civil Administrative Procedures Manual (revised May 2021).1 If evidence introduced at trial includes personal information, sealed documents, or documents and/or information subject to a protective order, the parties are directed to comply with sections II.I and IV.C of the Administrative Procedures Manual. The foregoing also applies to the trial transcript, which will be public record. If private and/or confidential information is mentioned in court, compliance with the Administrative Procedures Manual may require testimony to be stricken or partially redacted. 6. In addition, the pretrial schedule is as follows2: a. Motions in limine: Motions in limine shall be filed at least twenty-eight (28) days before the scheduled trial date and shall be accompanied by supporting memoranda. Parties are encouraged to resolve evidentiary issues by stipulation 1 Available at https://www.alnd.uscourts.gov/sites/alnd/files/AL- N%20Civil%20Administrative%20Procedures%20Manual.Revision.05-18- 2021.pdf. 2 A chart summarizing the standard pretrial schedule is attached as Exhibit B. 2 whenever possible. Any opposition briefs shall be filed at least fourteen (14) days before the scheduled trial date. Parties shall not file more than five (5) motions in limine without leave of court. No reply briefs are allowed on motions in limine without leave of court. b. Trial briefs: No trial briefs are required. Any party may file a trial brief at least twenty-eight (28) days before the scheduled trial date. If a party files a trial brief, any opposing party may file a responsive trial brief at least fourteen (14) days before the scheduled trial date. Any trial brief shall be limited to no more than ten (10) pages in length without leave of court. No reply trial briefs are allowed without leave of court. c. Joint proposed pretrial order: The parties shall submit a joint proposed pretrial order to chambers in Word format at [email protected] at least fourteen (14) days before the scheduled trial date. A sample proposed pretrial order is attached as Exhibit C for the convenience and use of the parties. d. Proposed voir dire (in a jury case): The parties shall jointly submit any special questions or topics for voir dire examination of the jury venire to chambers in Word format at [email protected] at least fourteen (14) days before the scheduled trial date. Where the parties cannot agree, counsel shall identify the question as disputed in bold type and indicate which party is requesting the disputed question. The court’s civil voir dire template may be found on the court’s 3 website, and counsel need not include the items covered by the court. e. Proposed jury charges (in a jury case): The parties shall file a joint proposed jury charge, including all necessary instructions and/or definitions applicable to the specific issues of the case at least fourteen (14) days before the scheduled trial date. The court’s preliminary and standard instructions may be found on the court’s website and need not be submitted to the court. Each requested instruction must be numbered with authority cited. Counsel are to include all necessary instructions and/or definitions, specifically including the following: (1) the prima facie elements of each claim for relief and defense asserted; (2) legal definitions required by the jury; (3) items of damages; and (4) methods of calculation of damages. Counsel are to use the 11th Circuit Pattern Jury Instructions, or appropriate state pattern jury instructions, as modified by case law or statutory amendments, wherever possible. Any deviations must be identified and accompanied by legal authority for the proposed deviation. Where the parties cannot agree, counsel shall identify the item as disputed in bold type and indicate which party is requesting the disputed language. Accompanying each instruction shall be all authority or related materials on which each party relies. A copy shall be emailed in Word format to chambers at [email protected]. f. Proposed verdict forms or interrogatories for submission to the jury (in a jury case): The parties shall file any requested verdict forms or interrogatories for 4 submission to the jury at least fourteen (14) days before the scheduled trial date. Copies shall be emailed in Word format to chambers at [email protected]. DONE and ORDERED this [DATE]. _________________________________ NICHOLAS A. DANELLA UNITED STATES MAGISTRATE JUDGE 5 EXHIBIT A STANDARD PRETRIAL PROCEDURES 1. DAMAGES. (a) At least twenty-eight (28) days before the scheduled trial date, a party claiming damages or seeking relief shall file a list itemizing all damages and equitable relief being claimed or sought, showing the amount and, where applicable, the legal basis, and the method and basis of computation. This list shall include any claim for attorneys’ fees. (b) As to any claimed damages or relief, at least fourteen (14) days before the scheduled trial date, a party may serve and file a list disclosing any legal objection(s), together with the grounds, that may be made to the claims on such list— including to any claim for attorneys’ fees. 2. WITNESSES. (a) Unless specifically agreed by the parties or allowed by the court for good cause shown, the parties shall be precluded from offering substantive evidence through any witness, including expert witnesses, not listed on the party’s witness list, which shall be filed at least thirty-five (35) days before the scheduled trial date. On receipt of witness lists, the parties shall immediately meet and confer regarding any objections to the listed witnesses. Most objections should be cured by discussion. The listing of a witness does not commit the party to have such witness available at trial or to call such witness to testify but does preclude the party from objecting to the presentation of such witness’ testimony by another party. Witness lists may not be amended or supplemented without leave of court. (b) The party’s witness list must designate all witnesses for whom the offering party expects to introduce testimony by means of deposition, and shall include a listing of the specific lines and pages of the deposition to be offered. As stated above, on receipt of witness lists, the parties shall immediately meet and confer regarding any objections to the listed witnesses—including those for whom the offering party expects to introduce testimony by means of deposition. Most objections should be cured by discussion. At least fourteen (14) days before the scheduled trial date, a party must (1) disclose any additional deposition passages to be offered—i.e., “counter-designations”—and/or (2) disclose any objections to the opposing party’s use of designated deposition testimony under Rule 32 or Rule 26(a)(3)(B). Any objections to deposition testimony should be accompanied by excerpts of deposition testimony to which the objection relates. Objections not disclosed, other than objections under Rules 402 and 403 of the Federal Rules of Evidence, shall be deemed waived unless excused by the court for good cause. 1 (c) In addition, as to any witness (including expert witnesses), at least fourteen (14) days before the scheduled trial date, a party may serve and file a list disclosing any objection, together with the grounds, that may be made to the opposing party’s calling such witness to testify at trial at all. As stated above, on receipt of witness lists, the parties shall immediately meet and confer regarding any objections to the listed witnesses, and most objections should be cured by discussion. Other objections may be appropriate for motions in limine or for trial. 3. EXHIBITS. (a) Unless specifically agreed by the parties or allowed by the court for good cause shown, the parties shall be precluded from offering in evidence any exhibit not listed on the party’s exhibit list, which shall be filed at least thirty- five (35) days before the scheduled trial date. On receipt of exhibit lists, the parties shall immediately meet and confer regarding any objections to the listed exhibits. Most objections should be cured by discussion, and the parties should stipulate as to the admissibility of as many exhibits as possible. (b) As to any document or other exhibit, including summaries of other evidence shown on such exhibit list, at least fourteen (14) days before the scheduled trial date, a party may serve and file a list disclosing any objection, together with the grounds, that may be made to the admissibility of materials identified on such list. Objections not so disclosed, other than objections under Rules 402 and 403 of the Federal Rules of Evidence, shall be deemed waived unless excused by the court for good cause shown. Except where beyond the party’s control or otherwise impractical (e.g., records from an independent third party being obtained by subpoena), each party shall make exhibits on the party’s exhibit list available for inspection and copying. (c) Each party shall “premark” its exhibits before trial using exhibit labels and exhibit lists available from the Clerk of Court. Each party offering an exhibit shall also provide the courtroom deputy with a Portable Document Format (“PDF”) version of every exhibit offered at trial for inclusion in the electronic record. Before the scheduled trial date, a copy of the exhibit list with the premarked numbers shall be served and filed, with the exhibits being made available for inspection by opposing counsel; the presentation of evidence at trial shall not ordinarily be interrupted for opposing counsel to examine a document that has been so identified and made available for inspection. In addition to the premarked trial exhibits mentioned above, the court requests for the bench an exhibit notebook of anticipated trial exhibits (to the extent possible and practical). The notebook should include a copy of the exhibit list referenced above. 2 EXHIBIT B STANDARD PRETRIAL SCHEDULE Date Documents/Conferences 35 Days Before Trial Date • Witness lists • Deposition disclosures/designations • Exhibit lists 28 Days Before Trial Date • Motions in limine and accompanying memoranda • Trial briefs (if any) • Damages lists (incl. attorneys’ fees) 21 Days Before Trial Date Initial, Telephonic Pretrial Conference 14 Days Before Trial Date • Opposition briefs on motions in limine • Responsive trial briefs (if any) • Joint proposed pretrial order • Proposed voir dire (jury case) • Proposed jury charges (jury case) • Proposed verdict forms/interrogatories (jury case) • Objections to damages lists • Objections to witness lists • Objections to deposition disclosures/designations • Deposition counter-designations • Objections to exhibit lists 4 Days Before Trial Date Final Pretrial Conference Trial Date • Premarked exhibits • Exhibit notebook 3 EXHIBIT C UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Choose an item., v. Defendant(s)., Choose an item.. Case No.: Case Number. [SAMPLE/PROPOSED] PRETRIAL ORDER1 A pretrial conference was held in this case on (date). As a result, the following proceedings were held and action taken: 1. APPEARANCES. Appearing at the conference were: [Include a line for each party in the case.] 2. JURISDICTION AND VENUE. [List each statute, rule, or case authorizing the court’s subject matter jurisdiction in this action. Also state whether personal jurisdiction and/or venue are contested. If personal jurisdiction or venue is contested, briefly set out the relevant arguments.] 1 This Sample Proposed Pretrial Order form may be accessed at www.alnd.uscourts.gov; Judge’s Info, Magistrate Judges, Magistrate Judge Nicholas A. Danella, Civil Forms, Sample Proposed Pretrial Order. 1 3. PARTIES AND TRIAL COUNSEL. The parties before the court and designated trial counsel are correctly named as set out below: Parties: [Include a line for each party in the case.] Trial Counsel: 4. PLEADINGS. The following pleadings have been allowed: [List the pleadings in the order in which they were filed and allowed. Do not include pleadings that have been stricken or otherwise disallowed.] 5. STATEMENT OF THE CASE. a. Agreed Summary: [The agreed summary should be concise (typically no more than three or four sentences) and appropriate for the court to use in advising the jury during voir dire regarding the basic nature of the case.] b. Stipulated Facts: [The parties shall set out in separate numbered paragraphs each fact on which the parties agree and on which no proof is required. The parties are reminded that the court expects them to approach this task in a good faith effort to agree on all relevant facts for which there is no reasonable basis for disagreement. In a jury trial, this section will be read to the jury, and the jury will be instructed to accept these facts as true.] c. Contested Issues of Fact: [In separately numbered paragraphs, list all factual issues in controversy that are necessary for a final determination of the case.] d. Agreed Applicable Propositions of Law: [List the basic principles of law that the parties agree are essential to a determination of the case—e.g., the elements of plaintiff’s claims and defendant’s defenses. These statements of law should be suitable for use by the court in preliminary instructions to the jury.] e. Plaintiff’s Positions: [Insert brief statement, typically <1 page.] f. Defendant’s Positions: [Insert brief statement, typically <1 page.] 2 6. DISCOVERY AND OTHER PRETRIAL PROCEDURES. a. All discovery was completed by (date), and no further discovery is required / / The parties are given leave to proceed with further discovery provided it is commenced in time to be completed by (date). b. Pending Motions: [In separately numbered paragraphs, list all pending motions or state that there are no motions pending.] 7. SPECIAL MEDICAL PROVISIONS. [Where applicable.] Counsel for all parties are granted the right to inspect and copy all hospital and medical reports relative to the medical care, treatment, diagnosis, condition, and history of (individual’s name), as well as the right to interview (in person or otherwise) all physicians, administrators, and other personnel in connection therewith. Pursuant to HIPAA, a copy of this order shall constitute sufficient authority for such inspection, copying, or interview, and to authorize medical providers to supply such information and interviews. 8. THIS ORDER INCORPORATES THE REQUIREMENTS AND SCHEDULE IN THE COURT’S PRIOR “ORDER SETTING TRIAL DATE AND PRETRIAL SCHEDULE,” INCLUDING EXHIBITS A & B TO THAT ORDER (DOC. ___, ENTERED ON ___). 3

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EXHIBIT C UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Choose an item., v. Defendant(s)., Choose an item.. Case No.: Case Number. [SAMPLE/PROPOSED] PRETRIAL ORDER1 A pretrial conference was held in this case on (date). As a result, the following proceedings were held and action taken: 1. APPEARANCES. Appearing at the conference were: [Include a line for each party in the case.] 2. JURISDICTION AND VENUE. [List each statute, rule, or case authorizing the court’s subject matter jurisdiction in this action. Also state whether personal jurisdiction and/or venue are contested. If personal jurisdiction or venue is contested, briefly set out the relevant arguments.] 1 This Sample Proposed Pretrial Order form may be accessed at www.alnd.uscourts.gov; Judge’s Info, Magistrate Judges, Magistrate Judge Nicholas A. Danella, Civil Forms, Sample Proposed Pretrial Order. 3. PARTIES AND TRIAL COUNSEL. The parties before the court and designated trial counsel are correctly named as set out below: Parties: [Include a line for each party in the case.] Trial Counsel: 4. PLEADINGS. The following pleadings have been allowed: [List the pleadings in the order in which they were filed and allowed. Do not include pleadings that have been stricken or otherwise disallowed.] 5. STATEMENT OF THE CASE. a. Agreed Summary: [The agreed summary should be concise (typically no more than three or four sentences) and appropriate for the court to use in advising the jury during voir dire regarding the basic nature of the case.] b. Stipulated Facts: [The parties shall set out in separate numbered paragraphs each fact on which the parties agree and on which no proof is required. The parties are reminded that the court expects them to approach this task in a good faith effort to agree on all relevant facts for which there is no reasonable basis for disagreement. In a jury trial, this section will be read to the jury, and the jury will be instructed to accept these facts as true.] c. Contested Issues of Fact: [In separately numbered paragraphs, list all factual issues in controversy that are necessary for a final determination of the case.] d. Agreed Applicable Propositions of Law: [List the basic principles of law that the parties agree are essential to a determination of the case—e.g., the elements of plaintiff’s claims and defendant’s defenses. These statements of law should be suitable for use by the court in preliminary instructions to the jury.] e. Plaintiff’s Positions: [Insert brief statement, typically <1 page.] f. Defendant’s Positions: [Insert brief statement, typically <1 page.] 6. DISCOVERY AND OTHER PRETRIAL PROCEDURES. a. All discovery was completed by (date), and no further discovery is required / / The parties are given leave to proceed with further discovery provided it is commenced in time to be completed by (date). b. Pending Motions: [In separately numbered paragraphs, list all pending motions or state that there are no motions pending.] 7. SPECIAL MEDICAL PROVISIONS. [Where applicable.] Counsel for all parties are granted the right to inspect and copy all hospital and medical reports relative to the medical care, treatment, diagnosis, condition, and history of (individual’s name), as well as the right to interview (in person or otherwise) all physicians, administrators, and other personnel in connection therewith. Pursuant to HIPAA, a copy of this order shall constitute sufficient authority for such inspection, copying, or interview, and to authorize medical providers to supply such information and interviews. 8. THIS ORDER INCORPORATES THE REQUIREMENTS AND SCHEDULE IN THE COURT’S PRIOR “ORDER SETTING TRIAL DATE AND PRETRIAL SCHEDULE,” INCLUDING EXHIBITS A & B TO THAT ORDER (DOC. ___, ENTERED ON ___).

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NAME CITY AND COUNTY WHERE YOU LIVE WORK WITHIN THE LAST FIVE YEARS (or before retirement) - Name of employer - Duties - How long employed EDUCATION - If college, where, major, and degree SPOUSE’S NAME AND WORK - If divorced, ex-spouse’s work WHAT ARE YOUR PRIMARY HOBBIES OR INTERESTS? DO YOU HAVE A BUMPER STICKER ON YOUR CAR? - If so, what does it (or do they) say? MEMBERSHIP IN ORGANIZATIONS - Civic, social, union, environmental, political, religious, etc. DO YOU HAVE ANY SOCIAL NETWORKING ACCOUNTS, LIKE FACEBOOK OR TWITTER? DO YOU REGULARLY READ ANY BLOGS? - If so, which one(s)? WHAT IS YOUR MAIN SOURCE OF NEWS OR INFORMATION? WHAT BOOK OR MAGAZINE ARE YOU CURRENTLY READING, OR WHAT WAS THE LAST BOOK OR MAGAZINE YOU READ?

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Choose an item., v. Defendant(s)., Choose an item.. Case No. Case Number. VOIR DIRE—CIVIL We are about to select a jury for the trial of this case that has been announced ready for trial, and in order to assist the court and the attorneys in that selection process, we are going to proceed with what is called voir dire examination. The purpose of voir dire examination is to afford the lawyers a full opportunity to inform themselves so that they may responsibly exercise their duties to their respective clients to select a fair and impartial jury for the trial of this particular case. No one wishes to probe unnecessarily into your private affairs, but the lawyers need to know, and the parties are legally entitled to know some information about you. Therefore, please answer each question as fully and as accurately as you can. We need you to give your best, honest, and sincere effort to answer each question. If you are not sure whether you have information called for by the question, tell us what you know or think—that is, tell us more rather than less. The information you give in response to the court’s and the lawyers’ questions will be used only by the court and the lawyers to select a qualified jury for the trial of this case. If any of the information requested is particularly personal to you, let me know and you can tell us about it here at the bench and not in front of everyone else. I am now going to request the courtroom deputy to call the roll of jurors who have been summoned to this courthouse for a term of jury service through a random selection process, and have been selected through a similar random selection process to come into this courtroom as a possible jury venire, and who are now seated in the order in which that random selection process put you. As the courtroom deputy calls your name, would you please stand and tell us in a loud voice the information requested on the card each of you have been given. As I indicated a few minutes ago, we are commencing the trial of the case of [INSERT]. This case [INSERT CASE DESCRIPTION]. Now, ladies and gentlemen, as indicated earlier, I am going to ask you some questions after which the attorneys will be allowed to ask you some additional questions if they so desire. Please answer these questions completely and truthfully. If your answer is “yes,” raise your hand and give your name in a loud, clear voice when called upon to respond. 1. Is any juror familiar with the facts that may be involved in this particular case? How did you become familiar? 2 2. Does any member of the jury panel know of any reason why you may be prejudiced for or against the Plaintiff, or for or against the Defendant, because of the nature of this particular case or otherwise? In other words, is there anyone of you who could not be fair to both sides in this case due to the fact that this case involves [INSERT]? 3. I’ll now ask the Plaintiff, [INSERT], to stand and face the jury. Are any of you related by blood or marriage to Plaintiff [Plaintiff]? Are any of you friends of theirs or do you know them? Please be seated, [INSERT]. 4. The Defendant in the case is [INSERT]. [The company representative for the Defendant is [INSERT]]. Please stand. Are any of you related by blood or marriage to [Defendant/Company Representative]? Do any of you know [the Defendant/company representative]? 5. Have any of you or any person related to any of you by blood or marriage or close friend ever been employed by the Defendant? If so, when and in what capacity? 6. The attorneys in the case are [INSERT] of the law firm of [INSERT] in [INSERT], representing the Plaintiff [INSERT]; and representing the Defendant is [INSERT] of the [INSERT] law firm of [INSERT] of [INSERT]. 7. Do any of you know personally any of these attorneys or anyone who works at one of their law firms? Which one and how? 3 8. Are any of you members of the jury panel related by blood or marriage to any of the attorneys in this case? 9. Have any of you, or any members of your immediate family, ever been represented by any of the attorneys in the case or to your knowledge been involved in any matter in which any of these attorneys were involved? 10. Do you know or are you related by blood or marriage to any of the other members of the jury panel? 11. Do you know me, Nicholas Danella, or any members of my courtroom staff: Marley Barnes or ________________? 12. The following people may be called as witnesses in this case. If you are related to or know any of these people, please raise your hand: [Counsel read witness lists] 13. Has anyone talked with you about this case or discussed it in your presence prior to your coming into this courtroom today? 14. Would any of you be the least bit hesitant promptly to report to me or the courtroom deputy should someone approach you about this case or talk to you about it while you are serving as a juror? 15. Have you or any person related to you by blood or marriage or any close friend ever been a party to or a witness in a lawsuit? If so, what kind of case, and how did the case turn out? Did it involve the Defendant? 4 16. Have you ever served as a juror in a criminal or civil case, or as a member of the grand jury either in federal or state court? [INSERT PARTIES’ PROPOSED VOIR DIRE] 17. Is there anyone who believes for whatever reason that they would be unable, if chosen to serve on the jury in this case, to be fair and impartial to both sides and to return a verdict based solely on the facts as you determine them to be from the evidence and the law as I give it to you to be applied to those facts. 18. Can any of you think of any other matter that you should call to the court’s attention that may have some bearing on your qualifications as a juror or that may prevent you from rendering a fair and impartial verdict based solely on the evidence and my instructions as to the law? I have asked all of the questions I intended to ask. The attorneys now may ask you some questions, but they are not required to do so. If they do, please answer them fully and truthfully. 5

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Choose an item., v. Defendant(s)., Choose an item.. Case No. Case Number. PRELIMINARY JURY INSTRUCTIONS 1.1 General Preliminary Instructions Members of the Jury: Now that you’ve been sworn, I need to explain some basic principles about a civil trial and your duty as jurors. These are preliminary instructions. I’ll give you more detailed instructions at the end of the trial. The jury’s duty: It’s your duty to listen to the evidence, decide what happened, and apply the law to the facts. It’s my job to provide you with the law you must apply—and you must follow the law even if you disagree with it. What is evidence: You must decide the case on only the evidence presented in the courtroom. Evidence comes in many forms. It can be testimony about what someone saw, heard, or smelled. It can be an exhibit or a photograph. It can be someone’s opinion. Some evidence may prove a fact indirectly. Let’s say a witness saw wet grass outside and people walking into the courthouse carrying wet umbrellas. This may be indirect evidence that it rained, even though the witness didn’t personally see it rain. Indirect evidence like this is also called “circumstantial evidence”—simply a chain of circumstances that likely proves a fact. As far as the law is concerned, it makes no difference whether evidence is direct or indirect. You may choose to believe or disbelieve either kind. Your job is to give each piece of evidence whatever weight you think it deserves. What is not evidence: During the trial, you’ll hear certain things that are not evidence and you must not consider them. First, the lawyers’ statements and arguments aren’t evidence. In their opening statements and closing arguments, the lawyers will discuss the case. Their remarks may help you follow each side’s arguments and presentation of evidence. But the remarks themselves aren’t evidence and shouldn’t play a role in your deliberations. Second, the lawyers’ questions and objections aren’t evidence. Only the witnesses’ answers are evidence. Don’t decide that something is true just because a lawyer’s question suggests that it is. For example, a lawyer may ask a witness, “You saw Mr. Jones hit his sister, didn’t you?” That question is not evidence of what the 2 witness saw or what Mr. Jones did—unless the witness agrees with it. There are rules of evidence that control what the court can receive into evidence. When a lawyer asks a witness a question or presents an exhibit, the opposing lawyer may object if he or she thinks the rules of evidence don’t permit it. If I overrule the objection, then the witness may answer the question or the court may receive the exhibit. If I sustain the objection, then the witness cannot answer the question, and the court cannot receive the exhibit. When I sustain an objection to a question, you must ignore the question and not guess what the answer might have been. Sometimes I may disallow evidence—this is also called “striking” evidence – and order you to disregard or ignore it. That means that you must not consider that evidence when you are deciding the case. I may allow some evidence for only a limited purpose. When I instruct you that I have admitted an item of evidence for a limited purpose, you must consider it for only that purpose and no other. Credibility of witnesses: To reach a verdict, you may have to decide which testimony to believe and which testimony not to believe. You may believe everything a witness says, part of it, or none of it. When considering a witness’s testimony, you may take into account: · the witness’s opportunity and ability to see, hear, or know the things 3 the witness is testifying about; · the witness’s memory; · the witness’s manner while testifying; · any interest the witness has in the outcome of the case; · any bias or prejudice the witness may have; · any other evidence that contradicts the witness’s testimony; · the reasonableness of the witness’s testimony in light of all the evidence; and · any other factors affecting believability. At the end of the trial, I’ll give you additional guidelines for determining a witness’s credibility. Description of the case: This is a civil case. To help you follow the evidence, I’ll summarize the parties’ positions. The Plaintiff, [name of plaintiff], claims the Defendant, [name of defendant], [describe claim(s)]. [Name of defendant] denies those claims and contends that [describe counterclaims or affirmative defenses]. Burden of Proof: [Name of plaintiff] has the burden of proving [his/her/its] case by what the law calls a “preponderance of the evidence.” That means [name of plaintiff] must prove that, in light of all the evidence, what [he/she/it] claims is more likely true than not. So, if you could put the evidence favoring [name of plaintiff] and the 4 evidence favoring [name of defendant] on opposite sides of balancing scales, [name of plaintiff] needs to make the scales tip to [his/her/its] side. If [name of plaintiff] fails to meet this burden, you must find in favor of [name of defendant]. To decide whether any fact has been proved by a preponderance of the evidence, you may—unless I instruct you otherwise—consider the testimony of all witnesses, regardless of who called them, and all exhibits that the court allowed, regardless of who produced them. After considering all the evidence, if you decide a claim or fact is more likely true than not, then the claim or fact has been proved by a preponderance of the evidence. [Optional: On certain issues, called “affirmative defenses,” [name of defendant] has the burden of proving the elements of a defense by a preponderance of the evidence. I’ll instruct you on the facts [name of defendant] must prove for any affirmative defense. After considering all the evidence, if you decide that [name of defendant] has successfully proven that the required facts are more likely true than not, the affirmative defense is proved.] [Optional: [Name of defendant] has also brought claims for relief against [name of plaintiff] called counterclaims. On these claims, [name of defendant] has the same burden of proof that [name of plaintiff] has for [his/her/its] claims.] 1.2 Burden of Proof—Clear and Convincing Evidence Sometimes a party has the burden of proving a claim or defense by clear and 5 convincing evidence. This is a higher standard of proof than proof by a preponderance of the evidence. It means the evidence must persuade you that the claim or defense is highly probable or reasonably certain. The court will tell you when to apply this standard. 1.1 General Preliminary Instructions (Continued) Conduct of the jury: While serving on the jury, you may not talk with anyone about anything related to the case. You may tell people that you’re a juror and give them information about when you must be in court. But you must not discuss anything about the case itself with anyone. You shouldn’t even talk about the case with each other until you begin your deliberations. You want to make sure you’ve heard everything—all the evidence, the lawyers’ closing arguments, and my instructions on the law—before you begin deliberating. You should keep an open mind until the end of the trial. Premature discussions may lead to a premature decision. In this age of technology, I want to emphasize that in addition to not talking face-to-face with anyone about the case, you must not communicate with anyone about the case by any other means. This includes e-mails, text messages, and the internet, including social networking apps and websites such as Facebook, Instagram, and Twitter. 6 You also shouldn’t Google or search online or offline for any information about the case, the parties, or the law. Don’t read or listen to the news about this case, visit any places related to this case, or research any fact, issue, or law related to this case. The law forbids the jurors to talk with anyone else about the case and forbids anyone else to talk to the jurors about it. It’s very important that you understand why these rules exist and why they’re so important. You must base your decision only on the testimony and other evidence presented in the courtroom. It is not fair to the parties if you base your decision in any way on information you acquire outside the courtroom. For example, the law often uses words and phrases in special ways, so it’s important that any definitions you hear come only from me and not from any other source. Only you jurors can decide a verdict in this case. The law sees only you as fair, and only you have promised to be fair—no one else is so qualified. Taking notes: If you wish, you may take notes to help you remember what the witnesses said. If you do take notes, please don’t share them with anyone until you go to the jury room to decide the case. Don’t let note-taking distract you from carefully listening to and observing the witnesses. When you leave the courtroom, you should leave your notes hidden from view in the jury room. Whether or not you take notes, you should rely on your own memory of the 7 testimony. Your notes are there only to help your memory. They’re not entitled to greater weight than your memory or impression about the testimony. 1.4 Jury Questions During this trial, you may submit questions to a witness after the lawyers have finished their own questioning. Here is how the procedure works: After each witness has testified, and the lawyers have asked all of their questions, I’ll ask if any of you have questions. If you have a question, write it down and give it to the court staff. You may submit a question for a witness only to clarify an answer or to help you understand the evidence. Our experience with juror questions indicates that jurors rarely have more than a few questions for any one witness, and there may be no questions at all for some witnesses. If you submit a question, the court staff will give it to me and I’ll share your questions with the lawyers in the case. If the rules of evidence allow your question, one of the lawyers or I will read your question to the witness. I may modify the form or phrasing of a question so that it’s allowed under the evidence rules. Sometimes, I may not allow the questions to be read to the witness, either because the law does not allow it or because another witness is in a better position to answer the question. If I can’t allow the witness to answer a question, you must not draw any conclusions from that fact or speculate on what the answer might have been. 8 Here are several important things to keep in mind about your questions for the witnesses: · First, you must submit all questions in writing. Please don’t ask any questions aloud. · Second, the court can’t re-call witnesses to the stand for additional juror questions. If you have a question for a particular witness, you must submit it when I ask. · Finally, because you should remain neutral and open-minded throughout the trial, you should phrase your questions in a way that doesn’t express an opinion about the case or a witness. You must keep an open mind until you’ve heard all the evidence, the closing arguments, and my final instructions on the law. Miscellaneous You should pay close attention to the testimony because it will be necessary for you to rely upon your memory concerning what the testimony was. Although the court reporter is making stenographic notes recording everything that is said, typewritten transcripts will not be prepared in time for your use during your deliberations and you should not expect to receive them. On the other hand, any exhibits admitted in evidence during the trial will be available to you for detailed study, if you wish, during your deliberations. So, if an exhibit is received in evidence but is not fully read or shown to you at the time, don=t be concerned because you will get to see and study it later during your deliberations. If you are having any problems with your employer about your jury service or expect a problem, please advise the court. Someone on the court staff will advise 9 your employer that you must appear as part of your civil duty and your service cannot be held against you in any way. We can also send a letter explaining this duty to your employer. From time to time during the trial I may be called upon to make legal rulings on objections on motions made by the lawyers. You should not infer or conclude from any ruling or other comment I may make that I have any opinions on the merits of the case favoring one side or the other. And if I should sustain an objection to a question that goes unanswered by a witness, you should not guess or speculate what the answer might have been, nor should you draw any inferences or conclusions from the questions itself. Nothing I may say or do during the course of the trial is intended to indicate, nor should it be taken by you as indicating, what your verdict should be. During the trial I may need to confer with the lawyers out of your hearing regarding questions of law, evidence, or procedure that require consideration by the judge alone. On some occasions you may be excused from the courtroom for the same reason. I will try to limit these interruptions as much as possible, but you should remember the importance of the matter you are here to determine and should be patient even though the case may seem to go slowly. Also, if during the course of the trial, you need a recess for personal reasons just raise your hand. 10 1.1 General Preliminary Instructions (Conclusion) Course of the trial: Let’s walk through the trial. First, each side may make an opening statement, but they don’t have to. Remember, an opening statement isn’t evidence, and it’s not supposed to be argumentative; it’s just an outline of what that party intends to prove. Next, [PLAINTIFF] will present [his/her/its] witnesses and ask them questions. After [PLAINTIFF] questions the witness, [DEFENDANT] may ask the witness questions—this is called “cross-examining” the witness. Then [DEFENDANT] will present [his/her/its] witnesses, and [PLAINTIFF] may cross- examine them. You should base your decision on all the evidence, regardless of which party presented it. After all the evidence is in, the parties’ lawyers will present their closing arguments to summarize and interpret the evidence for you, and then I’ll give you instructions on the law. You’ll then go to the jury room to deliberate. Now, we will begin by giving the lawyers for each side an opportunity to make their opening statements in which they may explain the issues in the case and summarize the facts they expect the evidence will show. Again, the opening statements, like all other statements by lawyers, are not evidence. Each side will be given __ minutes for opening statements. 11

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA Choose an item. DIVISION Plaintiff(s)., Choose an item., v. Defendant(s)., Choose an item.. Case No. Case Number. COURT=S INSTRUCTIONS TO THE JURY 3.1 Introduction Members of the Jury: It’s my duty to instruct you on the rules of law that you must use in deciding this case. A jury trial has, in effect, two judges. I am one of the judges; the other judge is the jury. My duty is to preside over the trial and to decide what evidence is proper for your consideration. My duty at the end of the trial is to explain to you the rules of law that you must follow and apply in arriving at your verdict. First, I will give some general instructions that apply in every case; for example, instructions about burden of proof and how to judge the believability of witnesses. Then I will give you some specific rules of law about this particular case, and finally I will explain to you the procedures you should follow in your deliberations. When I have finished you will go to the jury room and begin your discussions, sometimes called deliberations. 3.2 The Duty to Follow Instructions—No Corporate Party Involved Your decision must be based only on the evidence presented here. You must not be influenced in any way by either sympathy for or prejudice against anyone. You must follow the law as I explain it—even if you do not agree with the law—and you must follow all of my instructions as a whole. You must not single out or disregard any of the instructions on the law. 3.2.2 The Duty to Follow Instructions—Corporate Party Involved [ADD TO 3.2] The fact that a corporation is involved as a party must not affect your decision in any way. A corporation and all other persons stand equal before the law and must be dealt with as equals in a court of justice. When a corporation is involved, of course, it may act only through people as its employees; and, in general, a corporation is responsible under the law for the acts and statements of its employees that are made within the scope of their duties as employees of the company. 3.2.3 The Duty to Follow Instructions—Government Entity or Agency Involved [ADD TO 3.2] The fact that a governmental entity or agency is involved as a party must not affect your decision in any way. A governmental agency and all other 2 persons stand equal before the law and must be dealt with as equals in a court of justice. When a governmental agency is involved, of course, it may act only through people as its employees; and, in general, a governmental agency is responsible under the law for the acts and statements of its employees that are made within the scope of their duties as employees of the governmental agency. 3.3 Consideration of Direct and Circumstantial Evidence; Argument of Counsel; Comments by the Court As I said before, you must consider only the evidence that I have admitted in the case. Evidence includes the testimony of witnesses and the exhibits admitted. But, anything the lawyers say is not evidence and isn’t binding on you. You shouldn’t assume from anything I’ve said that I have any opinion about any factual issue in this case. Except for my instructions to you on the law, you should disregard anything I may have said during the trial in arriving at your own decision about the facts. Your own recollection and interpretation of the evidence is what matters. In considering the evidence you may use reasoning and common sense to make deductions and reach conclusions. You shouldn’t be concerned about whether the evidence is direct or circumstantial. “Direct evidence” is the testimony of a person who asserts that he or she has actual knowledge of a fact, such as an eyewitness. 3 “Circumstantial evidence” is proof of a chain of facts and circumstances that tend to prove or disprove a fact. There’s no legal difference in the weight you may give to either direct or circumstantial evidence. What is not evidence/Objections (1.1 reprise/court’s charge) Again, the lawyers’ questions and objections aren’t evidence. Only the witnesses’ answers are evidence. Don’t decide that something is true just because a lawyer’s question suggested that it is. A question is not evidence unless the witness agreed with it. Similarly, during the trial, I ruled on objections by the lawyers about whether certain evidence could be presented. It is a lawyer’s job to make objections if the lawyer believes an objection is proper. Do not concern yourself with why I ruled as I did, because my rulings are based on rules of law. If I sustained an objection, you must not guess about what the possible testimony or exhibits may have been. And if I overruled an objection and allowed the evidence, my ruling does not indicate whether you should believe that evidence. You should consider that evidence along with all of the other evidence in the case and must not consider any evidence that I excluded. You should not consider any rulings I made or anything that I have said or done as an indication from me about how you should decide the case. Under our system, I am the judge of the law. You are the only judges of the facts. I cannot give 4 you my opinion of the case or comment on the evidence. 3.4 Credibility of Witnesses When I say you must consider all the evidence, I don’t mean that you must accept all the evidence as true or accurate. You should decide whether you believe what each witness had to say, and how important that testimony was. In making that decision you may believe or disbelieve any witness, in whole or in part. The number of witnesses testifying concerning a particular point doesn’t necessarily matter. To decide whether you believe any witness I suggest that you ask yourself a few questions: 1. Did the witness impress you as one who was telling the truth? 2. Did the witness have any particular reason not to tell the truth? 3. Did the witness have a personal interest in the outcome of the case? 4. Did the witness seem to have a good memory? 5. Did the witness have the opportunity and ability to accurately observe the things he or she testified about? 6. Did the witness appear to understand the questions clearly and answer them directly? 7. Did the witness’s testimony differ from other testimony or other evidence? 3.5.1 Impeachment of Witnesses Because of Inconsistent Statements You should also ask yourself whether there was evidence that a witness testified falsely about an important fact. And ask whether there was evidence that at 5 some other time a witness said or did something, or didn’t say or do something, that was different from the testimony the witness gave during this trial. [INSERT 3.5.2 Felony Conviction IF APPLICABLE] To decide whether you believe a witness, you may consider the fact that the witness has been convicted of a felony or a crime involving dishonesty or a false statement. But keep in mind that a simple mistake doesn’t mean a witness wasn’t telling the truth as he or she remembers it. People naturally tend to forget some things or remember them inaccurately. So, if a witness misstated something, you must decide whether it was because of an innocent lapse in memory or an intentional deception. The significance of your decision may depend on whether the misstatement is about an important fact or about an unimportant detail. 3.6.1 Expert Witness When scientific, technical or other specialized knowledge might be helpful, a person who has special training or experience in that field is allowed to state an opinion about the matter. But that doesn’t mean you must accept the witness’s opinion. As with any other witness’s testimony, you must decide for yourself whether to rely upon the opinion. [INSERT 3.6.2 Fees Represent a Significant Portion of the Witness’s Income WHEN APPLICABLE] 6 When a witness is being paid for reviewing and testifying concerning the evidence, you may consider the possibility of bias and should view with caution the testimony of such witness where court testimony is given with regularity and represents a significant portion of the witness’s income. 2.1 Stipulations Sometimes the parties have agreed that certain facts are true. This agreement is called a stipulation. You must treat these facts as proved for this case. 2.2 Use of Depositions A deposition is a witness’s sworn testimony that is taken before the trial. During a deposition, the witness is under oath and swears to tell the truth, and the lawyers for each party may ask questions. A court reporter is present and records the questions and answers. The deposition of [name of witness], taken on [date], [is about to be/has been] presented to you [by a video/by reading the transcript]. Deposition testimony is entitled to the same consideration as live testimony, and you must judge it in the same way as if the witness was testifying in court. [Do not place any significance on the behavior or tone of voice of any person reading the questions or answers.] 7 Essential Elements of Plaintiff’s Claim/Definitions/Affirmative Defenses: [INSERT] Damages (actual, emotional, punitive, statutory, etc.): [INSERT] 3.7.1 Responsibility for Proof—Plaintiff’s Claim[s], Cross Claims, Counterclaims—Preponderance of the Evidence In this case it is the responsibility of the [Plaintiff] [party bringing any claim] to prove every essential part of [his/her/its] claim[s] by a “preponderance of the evidence.” This is sometimes called the “burden of proof” or the “burden of persuasion.” A “preponderance of the evidence” simply means an amount of evidence that is enough to persuade you that [the Plaintiff’s] [the party’s] claim is more likely true than not true. If the proof fails to establish any essential part of a claim or contention by a preponderance of the evidence, you should find against the [Plaintiff] [party making that claim or contention]. [When more than one claim is involved, you should consider each claim separately.] In deciding whether any fact has been proved by a preponderance of the evidence, you may consider the testimony of all of the witnesses, regardless of who may have called them, and all of the exhibits received in evidence, regardless of who 8 may have produced them. If the proof fails to establish any essential part of [the Plaintiff’s] [a party’s] claim[s] by a preponderance of the evidence, you should find for the [Defendant] [Counter-Defendant, Cross-Claim Defendant] as to that claim. 3.7.2 Responsibility for Proof—Affirmative Defense Preponderance of the Evidence In this case, the [Defendant, Counter-Defendant, cross-claim Defendant] asserts the affirmative defense[s] of __________. Even if the [Plaintiff] [Party bringing the claim] proves [his/her/its] claim[s] by a preponderance of the evidence, the [Defendant, Counter-Defendant, cross-claim Defendant] can prevail in this case if [he/she/it] proves an affirmative defense by a preponderance of the evidence. [When more than one affirmative defense is involved, you should consider each one separately.] I caution you that the [Defendant, Counter-Defendant, cross-claim Defendant] does not have to disprove the [Plaintiff’s] [Counter-Plaintiff’s] [cross-claimant’s] claim[s], but if the [Defendant, Counter-Defendant, cross-claim Defendant] raises an affirmative defense, the only way [he/she/it] can prevail on that specific defense is if [he/she/it] proves that defense by a preponderance of the evidence. 3.8.1 Duty to Deliberate When Only the Plaintiff Claims Damages [3.8.2 if applicable] Of course, the fact that I have given you instructions concerning the issue of 9 Plaintiff’s damages should not be interpreted in any way as an indication that I believe that the Plaintiff should, or should not, prevail in this case. Your verdict must be unanimous—in other words, you must all agree. Your deliberations are secret, and you’ll never have to explain your verdict to anyone. Each of you must decide the case for yourself, but only after fully considering the evidence with the other jurors. So you must discuss the case with one another and try to reach an agreement. While you’re discussing the case, don’t hesitate to reexamine your own opinion and change your mind if you become convinced that you were wrong. But don’t give up your honest beliefs just because others think differently or because you simply want to get the case over with. Remember that, in a very real way, you’re judges—judges of the facts. Your only interest is to seek the truth from the evidence in the case. Final Instructions (court’s charge) Ladies and Gentlemen of the Jury, I remind you once again that the arguments of counsel are not evidence in this case. The court allows counsel to make closing arguments or summations to help you recall the evidence and to help you tie the evidence together. You should not substitute what the lawyers say about the evidence for your own recollection. You must decide the case based solely on your view of the facts as you find them to be from the evidence and applying the law to those facts as I have instructed you. 10 In this case you have been permitted to take notes during the course of the trial, and most of you—if not all of you—have taken advantage of that opportunity and have made notes from time to time. You will have your notes available to you during your deliberations, but you should make use of them only as an aid to your memory. In other words, you should not give your notes any precedence over your independent recollection of the evidence or the lack of evidence; and neither should you be unduly influenced by the notes of other jurors. I emphasize that notes are not entitled to any greater weight than the memory or impression of each juror as to what the testimony may have been. 3.9 Election of Foreperson and Explanation of Verdict Form(s) When you get to the jury room, choose one of your members to act as foreperson. The foreperson will direct your deliberations and speak for you in court. A verdict form has been prepared for your convenience. [Explain verdict] Take the verdict form with you to the jury room. When you’ve all agreed on the verdict, your foreperson must fill in the form, sign it and date it. Then you’ll return it to the courtroom. If you wish to communicate with me at any time, please write down your message or question and give it to a court staff member. He/she will bring it to me and I’ll respond as promptly as possible—either in writing or by talking to you in 11 the courtroom. Please understand that I may have to talk to the lawyers and the parties before I respond to your question or message, so you should be patient as you await my response. But I caution you not to tell me how many jurors have voted one way or the other at that time. That type of information should remain in the jury room and should not be shared with anyone, including me, in your note or question. Conclusion When you have reached your decision knock on the jury room door and tell a member of the court’s staff that you have a verdict. Starting now, you will decide when you want to take your breaks and when you want to stop for the day. Just let a member of the court’s staff know. But you can only discuss the case when all of you are together in the jury room. I remind you again: do not discuss this case, or anything about it, with anyone outside the jury room. Do not post anything about this case or your jury service on any blog or social networking platform. Do not send email messages about the case to anyone. Do not call, text, or email each other. Do not conduct any research about any aspect of this case—do not consult a dictionary; do not use Google or Wikipedia; do not ask questions of anyone other than each other or me. Remember, as I told you earlier, the only information you should use to decide this case is the evidence presented and the law explained in this courtroom. 12 At this time, please return to the jury room. You may select your foreperson but do not begin your deliberations until you have the exhibits and verdict form(s). 2.8 Civil Allen Charge [IF APPLICABLE] Members of the jury: I’m going to ask you to continue your deliberations to reach a verdict. Please consider the following comments. This is an important case. The trial has been expensive in terms of time, effort, money, and emotional strain to both the plaintiff and the defendant. If you fail to agree on a verdict, the case remains open and may have to be tried again. A second trial would be costly to both sides, and there’s no reason to believe either side can try it again better or more exhaustively than they have tried it before you. Any future jury would be selected in the same manner and from the same source as you. There’s no reason to believe that the case could ever be submitted to a jury of people more conscientious, more impartial, or more competent to decide it —or that either side could produce more or clearer evidence. It’s your duty to consult with one another and to deliberate with a view to reaching an agreement—if you can do it without violating your individual judgment. You must not give up your honest beliefs about the evidence’s weight or effect solely because of other jurors’ opinions or just to return a verdict. You must each decide 13 the case for yourself—but only after you consider the evidence with your fellow jurors. You shouldn’t hesitate to reexamine your own views and change your opinion if you become convinced it’s wrong. To bring your minds to a unanimous result, you must openly and frankly examine the questions submitted to you with proper regard for the opinions of others and with a willingness to reexamine your own views. If a substantial majority of you is for a verdict for one party, each of you who holds a different position ought to consider whether your position is reasonable. It may not be reasonable since it makes so little impression on the minds of your fellow jurors—who bear the same responsibility, serve under the same oath, and have heard the same evidence. You may conduct your deliberations as you choose, but I suggest that you now carefully reexamine and reconsider all the evidence in light of the court’s instructions on the law. You may take all the time that you need. I remind you that in your deliberations, you are to consider the court’s instructions as a whole. You shouldn’t single out any part of any instructions including this one, and ignore others. You may now return to the jury room and continue your deliberations. 14

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CERTIFIED INTERPRETERS AVAILABLE FOR JAIL INTERVIEWS Myra Gann Nashville, TN [email protected] 615-477-5920 Monica Gross Roswell, GA [email protected] 404-642-2280 Laura Hamm Acworth, GA [email protected] 770-354-7708 Heather Hayes Baxter, TN [email protected] 931-256-0272 Jose Lopez Ackerman, MS [email protected] 757-729-1105 Richard Singer Woodstock, GA [email protected] 678-908-9914 Clarence Williams Acworth, GA [email protected] 770-656-4863 Please contact the interpreters directly to schedule jail visits. In addition, once a jail visit has been confirmed, please e-mail [email protected] the case information, name of interpreter, location and time of interview. August 20, 2014