IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
________,
Plaintiff(s),	TRIAL ORDER
vs.
_________,	Civil No. __________
Defendant(s),

The final pretrial conference in this matter is scheduled for _________ at ____________.

This case is set for a __-day trial to begin on _______ at 8:30 a.m.. The attorneys are expected to appear in court at 8:00 a.m. on the first day of trial for a brief pre-trial meeting.

Counsel are instructed as follows:

1. Court-Imposed Deadlines.

The deadlines described in this order cannot be modified or waived in any way by a stipulation of the parties. Any party that believes an extension of time is necessary must make an appropriate motion to the court.

2. Pretrial Order.

At the pretrial conference, plaintiff is to file a joint proposed pretrial order which has been approved by all counsel. The pretrial order should conform generally to the requirements of DuCivR 16-1and to the approved form of pretrial order which is reproduced as Appendix IV to the Rules of Practice for the U.S. District Court for the District of Utah.

In addition to the provisions in the final pretrial order thus called for, the following special provisions will apply:

(a) The statement of uncontroverted facts called for in Section 3 of the General Form of the Pretrial Order shall be in narrative form. Such facts shall be considered substantive evidence in the case and shall be marked as Exhibit 1. Upon commencement of the trial, Exhibit 1 shall be read into evidence. Except as set forth in Exhibit 1, no further evidence as to the agreed facts may be entered into the record at trial.

(b) In reference to Section 7 of the General Form of the Pretrial Order, regarding all witnesses that propose to be expert witnesses, the parties are directed to append to Exhibit 1 copies of the curriculum vitae of each such expert. Absent specific leave of Court, the expert may not present more than five (5) minutes of professional qualification. It is anticipated that in most cases, the parties will stipulate to expertise, although in appropriate cases, voir dire or cross-examination of an expert's qualification may be permitted; said examination may go beyond the direct oral testimony as to qualification.

3. Jury Instructions

The court has adopted its own standard general jury instructions, copies of which may be obtained from the court's website at www.utd.uscourts.gov/judges/stewart_prac.html. The procedure for submitting proposed jury instructions is as follows:

(a)	The parties must serve their proposed jury instructions on each other at least ten business days before trial. The parties should then confer in order to agree on a single set of instructions to the extent possible.

(b)	If the parties cannot agree upon one complete set of final instructions, they may submit separately those instructions that are not agreed upon. However, it is not enough for the parties to merely agree upon the general instructions and then each submit their own set of substantive instructions. The court expects the parties to meet, confer, and agree upon the wording of the substantive instructions for the case.

(c)	The joint proposed instructions (along with the proposed instructions upon which the parties have been unable to agree) must be filed with the court at least five business days before trial. All proposed jury instructions must be in the following format:

(i)	Each proposed instruction should be labeled and numbered at the top center of the page to identify the party submitting the instruction (e.g., "Joint Instruction No. 1" or "Plaintiff's Instruction No. 1"), and include a citation to the authority that forms the basis for it.

(ii)	A copy of the proposed instructions shall be emailed to chambers as a Word or WordPerfect document. Chamber's email is utdecf_stewart@utd.uscourts.gov. Include the case number in the email subject line. Any party unable to comply with this requirement must contact the court to make alternative arrangements.

(d)	Each party should file its objections, if any, to jury instructions proposed by any other party no later than two business days before trial. Any such objections must recite the proposed instruction in its entirety and specifically highlight the objectionable language contained therein. The objection should contain both a concise argument why the proposed language is improper and citation to relevant legal authority. Where applicable, the objecting party must submit, in conformity with paragraph 3(c)(i) - (ii) above, an alternative instruction covering the pertinent subject matter or principle of law. Any party may, if it chooses, submit a brief written reply in support of its proposed instructions on the day of trial.

(e)	All instructions should be short, concise, understandable, and neutral statements of law. Argumentative instructions are improper and will not be given.

(f)	Modified versions of statutory or other form jury instructions (e.g., Federal Jury Practice and Instructions) are acceptable. A modified jury instruction must, however, identify the exact nature of the modification made to the form instruction and cite the court to authority, if any, supporting such a modification.

4. Special Verdict Form

The procedure outlined for proposed jury instructions will also apply to special verdict forms.

5. Requests for Voir Dire Examination of the Venire.

The court's standard voir dire is available on the court's website. The parties may request that, in addition to its usual questions, the court ask additional specific questions to the jury panel. Any such request should be submitted in writing to the court and served upon opposing counsel at least five business days before trial.

6. Trial Briefs

Each party should file a Trial Brief no later than five business days before trial. Such brief shall include a list of all witnesses to be called and a short statement as to the substance of that witness' anticipated testimony.

7. Motions in Limine

All motions in limine are to be filed with the court at least five business days before trial, unless otherwise ordered by the court. Separate memoranda are not required for motions in limine. Responses are to be filed at least two business days before trial, unless otherwise ordered by the court. Motions in limine are limited to three (3) pages in length.

8. Exhibit Lists/Marking Exhibits

All parties are required to prepare an exhibit list for the court's use at trial. The list contained in the pretrial order will not be sufficient; a separate list must be prepared. Plaintiff should list their exhibits by number; defendants should list their exhibits by letter. The required form for exhibit lists is available from the court's website, and questions regarding the preparation of such lists may be directed to the courtroom deputy at 524-6617. All parties are required to pre-mark their exhibits to avoid taking up court time during trial for such purposes.

In addition, all parties are required to submit copies of their exhibits on a CD or DVD for the court's use during trial.

A copy of each exhibit list, on the Court's standard form, should be emailed to utdecf_Stewart@utd.uscourts.gov the day before trial.

9. Witness Lists

All parties are required to prepare separate witness list for the court's use at trial. The list contained in the pretrial order will not be sufficient. Do not combine the witness list with an exhibit list. The required form for an exhibit list is available from the court's website. Questions regarding the preparation of these lists may be directed to the courtroom deputy at 524-6617.

A copy of each witness list, on the Court's standard form, should be emailed to utdecf_Stewart@utd.uscourts.gov the day before trial.

10. Courtroom Technology

If counsel wish to use the courtroom evidence system, they should contact the courtroom deputy at least five business days before trial, at (801) 524-6617, to schedule an appointment to become familiar with the technology to be used during trial. Trial counsel and support staff are expected to familiarize themselves with the system, and arrange any additional technological needs.

11. In Case of Settlement

Pursuant to DUCivR 41-1, the court will tax all jury costs incurred as a result of the parties' failure to give the court adequate notice of settlement. Leaving a message on an answering machine or sending a notice by fax is not considered sufficient notice to the court. If the case is settled, counsel must advise the jury administrator or a member of the court's staff by means of a personal visit or by person-to-person telephonic communication.

12. Courtroom Conduct

In addition to the rules outlined in DUCivR 43-1, the court has established the following ground rules for the conduct of counsel at trial:

(a)	Please be on time for each court session. Counsel shall be present at 8:00 a.m. on the first morning of trial, for a brief pre-trial meeting. In most cases, trial will be conducted from 8:30 a.m. until 1:30 p.m., with two short (fifteen minute) breaks. Trial engagements take precedence over any other business. If you have matters in other courtrooms, arrange in advance to have them continued or have an associate handle them for you.

(b)	Stand as court is opened, recessed or adjourned.

(c)	Stand when the jury enters or retires from the courtroom.

(d)	Stand when addressing, or being addressed by, the court.

(e)	In making objections and responding to objections to evidence, counsel should state the legal grounds for their objections with reference to the specific rule of evidence upon which they rely. For example, "Objection . . . irrelevant and inadmissible under Rule 402." or "Objection . . . hearsay and inadmissible under Rule 802."

(f)	Sidebar conferences are discouraged. Most matters requiring argument should be raised during recess. Please plan accordingly.

(g)	Counsel need not ask permission to approach a witness in order to briefly hand the witness a document or exhibit.

(h)	Address all remarks to the court, not to opposing counsel, and do not make disparaging or acrimonious remarks toward opposing counsel or witnesses. Counsel shall instruct all persons at counsel table that gestures, facial expressions, audible comments, or any other manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited.

(i)	Refer to all persons, including witnesses, other counsel, and parties, by their surnames and NOT by their first or given names.

(j)	Only one attorney for each party shall examine, or cross-examine, each witness. The attorney stating objections during direct examination shall be the attorney recognized for cross examination.

(k)	Offers of, or requests for, a stipulation shall be made out of the hearing of the jury.

(l)	When not taking testimony, counsel will remain seated at counsel table throughout the trial unless it is necessary to move to see a witness. Absent an emergency, do not leave the courtroom while court is in session. If you must leave the courtroom, you do not need to ask the court's permission. Do not confer with or visit with anyone in the spectator section while court is in session. Messages may be delivered to counsel table provided they are delivered with no distraction or disruption in the proceedings.

DATED this _____ day of April, 2011.

BY THE COURT:

TED STEWART

United States District Judge