IN THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

,

Plaintiff,

vs.

,

Defendant.

PRETRIAL ORDER

Case No. -CW

Judge Clark Waddoups

The procedures and practices set forth in this order must be followed at the trial of this matter, except for good cause shown:

1.	Exchange of Witness Lists. Each party must exchange with all opposing parties a list of witnesses the party will call or may call at trial. The plaintiff must provide the witness list to opposing parties no later than twenty-one (21) days before the Final Pretrial Conference. The defendant must provide the witness list to opposing parties no later than fourteen (14) days prior to the Final Pretrial Conference.

2.	Exchange of Exhibits. The parties must exchange with all opposing parties copies of each exhibit to be used at trial. The plaintiff must provide such exhibits to opposing parties no later than twenty-one (21) days before the Final Pretrial Conference. The defendant must provide such exhibits to opposing parties no later than fourteen (14) days prior to the Final Pretrial Conference. The parties should use reasonable effort to avoid duplication of any exhibit pre-marked by the opposing party. Exhibits to be exchanged shall include all evidence to be offered except the following: oral testimony to be offered at trial, sworn deposition testimony, documents to be used solely for impeachment, demonstrative exhibits created in connection with oral testimony at trial, and objects or other physical evidence. Photos of objects and other physical evidence, however, must be exchanged. Copies must be exchanged in electronic media, but may also include a hard copy. The parties will be required to report to the court at the Final Pretrial Conference whether this requirement has been completed.

3.	Pre-marking Exhibits. All exhibits to be used at trial must, at the time they are exchanged with opposing parties, be marked for identification numerically preceded by a designation of the party offering the exhibit, such as, "Plaintiff's Exhibit _____" or "Defendant's Exhibit _____." The parties are to designate a range of numbers to be used by each side to avoid the same number being used for more than one exhibit. For example, if the plaintiff elected the numeric range of 1 to 100, the defendant would begin at the numeric range of 200. Alphabetic identification is not permitted.

4.	Electronic Copies of Exhibits for Trial. All exhibits that have been pre-marked must be presented in court in both hard copy and electronic media. The acceptable electronic formats are pdf, jpeg, wma or wmv. At the commencement of trial, an electronic copy of the exhibit list and an electronic copy of each exhibit will be submitted to the Courtroom Deputy to manage and track the exhibits offered and received at trial.

5.	Presentation of Exhibits at Trial. A hard copy of every exhibit offered in evidence shall be presented to the court and to the witness at the time the exhibit is first used. The court will maintain a copy for later use by the court or by a subsequent witness.

6.	Pretrial Objections. The requirement for objections to exhibits under Fed. R. Civ. P. 26(a)(3)(B) is superseded by this order. Any objection as to the authenticity of an exhibit, as defined by Fed. R. Evidence 901, must be made in writing no later than seven (7) days after exhibits have been exchanged. The challenges to the authenticity of an exhibit will be addressed at the Final Pretrial Conference. All other objections to the admissibility of an exhibit are reserved until the exhibit is offered at trial.

7.	Exchange of Deposition Testimony. Any testimony to be offered at trial by a sworn deposition must be identified by line and page number in the transcript and provided to all opposing parties no later 6:00 p.m. two days in advance of when the deposition will be used. For example, a deposition to be used during trial on Monday, must be provided to opposing counsel no later than 6:00 p.m. on Saturday evening. Highlighting the portions of the deposition to be read will constitute adequate identification under this requirement. Any counter designation must be identified no later than 6:00 p.m. on the evening before the testimony is to be offered. Objections must be raised and will be resolved by the court before the deposition is read or displayed to the jury. Deposition testimony to be presented by video media must be edited to display only the testimony designated.

8.	Motions in Limine. All Daubert motions and motions in limine must be filed on a schedule that allows all briefing to be completed no later than forty-five (45) days before trial.

9.	Pretrial Submissions. The plaintiff, including any counter or cross claimant, shall submit a pretrial notice that states each cause of action the plaintiff is proceeding forth on at trial. The plaintiff also shall list all elements that must be proved for each cause of action, as well as the standard of proof for that claim. The plaintiff's pretrial notice must be submitted to the court no later than two weeks before the Final Pretrial Conference.

The defendant, including any counter or cross-claim defendant, shall also submit a pretrial notice that states each defense to the causes of action listed by the plaintiff. Additionally, if a defendant believes that a cause of action has not been preserved or that plaintiff has articulated incorrect elements for that cause of action, the defendant must state its objection in the notice. The defendant's pretrial notice must be submitted to the court no later than one week before the Final Pretrial Conference.

In addition, the following must be submitted to the court no later than 4:00 p.m. on the day before the Final Pretrial Conference. Each shall be filed on the docket and shall be provided to the court's law clerk assigned to the case in either Word Perfect or MS Word.

a.	Proposed Voir Dire questions. Proposed questions should be drafted in a form that can be answered in writing with a "yes" or "no." A "yes" answer should indicate that there may be a need for additional follow up questions in chambers.

b.	Proposed Preliminary Instructions for the jury

c.	Proposed Final Jury Instructions

d.	Proposed Verdict Form

10.	Trial Schedule. With the exception of the first day of trial, trial will be held each day from 8:30 a.m. until 2:30 p.m., with a 15 minute break at mid-morning and a 30 minute lunch break at noon. The parties should schedule witnesses to be available on this schedule. On the first day of trial, the parties are required to appear at 11:00 a.m. to resolve any outstanding pretrial matters. Jury selection will begin at 1:00 p.m. and the selected jury will be dismissed for the day as soon as they are sworn in. Preliminary instructions, opening statements and witness testimony will commence on the second day of trial.

11.	Closing Argument. Closing argument will follow the court's final instructions to the jury. The plaintiff is cautioned that any closing rebuttal argument must be limited to addressing new issues raised during the defendant's closing argument. The court will sustain an objection and instruct the jury to disregard rebuttal argument that could and should have been made in the plaintiff's initial closing argument. The plaintiff's closing argument must be structured to allow the defendant a fair opportunity to address the argument in its closing.

12.	Vouching. The parties are cautioned that they should be certain that prior to giving closing argument they understand and avoid improper vouching. The court will sustain an objection to improper vouching and instruct the jury that the argument is improper.

SO ORDERED this _______ day of ________________, 201___.

BY THE COURT:

____________________________________

Clark Waddoups

United States District Judge