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Bryant v. Central Community Health Board

United States District Court, Sixth Circuit

September 24, 2013

CATHY BRYANT, Plaintiff,
v.
CENTRAL COMMUNITY HEALTH BOARD, Defendant.

TRIAL PROCEDURAL ORDER

HERMAN J. WEBER, Senior District Judge.

The Court ORDERS that the parties shall comply with the following:

A. EXPERT WITNESSES

The parties shall certify as part of the proposed Joint Final Pretrial Order that they have complied with Fed.R.Civ.P. 26 pertaining to expert testimony. Additionally, the parties shall submit with the Joint Final Pretrial Order a curriculum vitae and a binding summary of the written reports of the expert witnesses who will testify at trial.

B. WITNESS LIST

Upon filing of the Joint Pretrial Order, the parties shall file with the Court and submit a copy via email (weber_chambers@ohsd.uscourts.gov) a list of witnesses who will testify or who will be available to testify. When more than a combined total of 10 witnesses are listed to testify at trial, a detailed and binding summary of the testimony of each witness shall be submitted.

Leave to call additional witnesses may be granted by the Court in unusual situations.

C. PREPARATION OF EXHIBITS

(1) Each of the parties shall assemble all documents, photographs or other materials expected to be used at trial. Such documents or copies thereof properly identified shall be provided to all other parties on or before FIVE BUSINESS DAYS PRIOR TO THE FILING OF THE PROPOSED JOINT FINAL PRETRIAL ORDER.

(2) Exhibits shall be presented to the Court as follows:

(a) All documents, photographs and other materials expected to be used at Trial shall be SUBMITTED TO THE COURT 5 BUSINESS DAYS PRIOR TO THE FINAL PRETRIAL CONFERENCE in looseleaf notebooks as follows:

One set of looseleaf notebooks shall contain original exhibits with a NUMBERED ORIGINAL EXHIBIT STICKER ON THE LOWER RIGHT HAND CORNER OF THE DOCUMENT. This set of notebooks is submitted to the Court for use by witnesses during trial, shall become part of the record and will accompany the jury to the jury room where appropriate.
Two additional sets of notebooks shall be assembled using copies of original exhibits after original exhibits have been marked with the appropriate exhibit labels. These notebooks shall be submitted to the Court for its use during trial.
In each notebook, the exhibit number shall also appear on a tab extending beyond the notebook on the right hand side thereof.
A neutral list of the party=s exhibits shall be prepared by the parties which shall be supplied to the jury during its deliberations. FOUR COPIES of the exhibit list shall be provided to the Court and copies of the exhibits and the exhibit list provided to each party.

(b) THE PARTIES SHALL INCLUDE IN EACH VOLUME OF EXHIBITS, THE NEUTRAL LIST OF THE EXHIBITS AND SHALL PROVIDE THE COURT WITH FOUR (4) EXTRA COPIES OF THE EXHIBIT LIST AND WITNESS LIST.

(c) Joint exhibits will bear Roman numerals; plaintiff exhibits - Arabic numbers; and defendant exhibits - letters. Third-party exhibits may be marked with an identifying letter prefix.

(d) If defendant exhibits will exceed 26, defense counsel must promptly advise opposing counsel. In such event, both sides will identify exhibits by number as follows: Plaintiff: 1-499; 1000-1499; 2000-2499, etc.; Defendant: 500-999, 1500-1999, 2500-2999, etc.

(e) Deposited exhibits shall be retrieved by counsel within 10 days of final disposition of the case. Those not retrieved will be disposed of in accordance with Local Rule 79.2(b).

D. JURY INSTRUCTIONS

Proposed jury instructions and Special Verdict Forms shall be submitted to opposing party 10 BUSINESS DAYS prior to trial. The parties shall ELECTRONICALLY submit to the Court 5 BUSINESS DAYS BEFORE trial, copies of their opponent's instructions and forms which are: underlined in BLUE as to those matters which are correct statements of law; underlined in YELLOW as to those matters which are correct statements of law but irrelevant; and, underlined in RED as to those matters which misstate the law.

THE PARTIES SHALL EMAIL (weber_chambers@ohsd.uscourts.gov) TO THE COURT THEIR PROPOSED JURY INSTRUCTIONS (Word format). Instructions upon issues that could not reasonably be foreseen in advance may be submitted at least 24 HOURS prior to final argument. Each requested instruction must be presented on a separate page. Instructions must contain a citation of authority upon which counsel relies. Instructions which do not contain such citations may be rejected.

E. DEPOSITIONS, INTERROGATORIES AND ADMISSIONS

Depositions filed electronically with the Court shall be submitted to the Court in hard-copy FIVE BUSINESS DAYS prior to the Final Pretrial Conference.

If any party intends to present evidence by depositions, admissions or interrogatories, the party shall specify to the opposing party and the Court in the proposed Joint Final Pretrial Order those portions that will be presented as evidence. The opposing party shall note objections to any portion of the depositions, admissions or interrogatories in the proposed Joint Final Pretrial Order. No admission or interrogatory answer shall be considered for admission in evidence unless they are attached to the proposed Joint Final Pretrial Order. Where a necessity for the use of a deposition, admission or interrogatory develops unavoidably after the proposed Joint Final Pretrial Order is submitted, leave to use such deposition, admission or interrogatory shall be granted. The parties shall advise the Court as soon as the necessity to read a deposition, admission or interrogatory becomes apparent.

Videotape presentation of a deposition or interrogatory must include a method for cutting off either sound or the entire picture from the jury in situations where the Court must rule on objections to testimony. Additionally, a written transcript of the deposition or copy of the interrogatory must be filed with the Court.

F. HYPOTHETICAL QUESTIONS

In a jury trial, no opinion witness may be asked a complex hypothetical question on direct examination unless the following procedure is observed. The question must be written in advance and submitted to the Court and the opposing party no later than the beginning of the session at which it will be asked. Assumptions must be separately numbered and identified as to source, i.e., testimony of a witness, deposition, admission, etc.

G. DEMONSTRATIVE EVIDENCE

If any sketches, models, diagrams or demonstrative evidence of any kind will be used during the trial or in argument, they must be exhibited to opposing counsel at least 10 BUSINESS DAYS prior to trial. Objections to such exhibits must be submitted to the Court for decision FIVE BUSINESS DAYS prior to trial.

H. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

In a trial to the Court, at the time of the filing of the Joint Final Pretrial Order, each party shall ELECTRONICALLY FILE WITH THE COURT Findings of Fact and Conclusions of Law which the parties believe are necessary to be made to support a favorable judgment. Ten days thereafter each party shall ELECTRONICALLY FILE AND PROVIDE A COURTESY COPY TO ...


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