Case 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 1 of 19 Page ID #:846
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`Case No. CV 19-06301-AB-KS
`Philips North America LLC,
`
`Plaintiff,
`ORDER RE: JURY/COURT TRIAL
`
`I.
`SCHEDULE
`
`II. TRIAL PREPARATION
`III. CONDUCT OF
`ATTORNEYS AND
`PARTIES
`
`v.
`
`Garmin International, Inc. and Garmin
`Ltd.,
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`
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`Defendants.
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`Case 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 2 of 19 Page ID #:847
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`I.
`SCHEDULE
`The Scheduling Order governing this case is set forth in the Schedule of Pretrial
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`and Trial Dates chart below. Whether this is a jury trial or court trial is indicated in
`the upper right hand box. If the parties wish to set additional dates, they may file a
`Stipulation and Proposed Order so seeking. This may be especially appropriate in
`class actions, patent cases, or cases for benefits under the Employee Retirement
`Income Security Act of 1974 (“ERISA”).
`Please refer to the Court’s Standing Order for requirements for specific
`motions, discovery, certain types of filings, courtesy copies, emailing signature items
`to chambers, alternative dispute resolution, and other matters pertaining to all cases.
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`2.
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`Case 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 3 of 19 Page ID #:848
`C se 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 3 of 19 Page ID #:848
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`LII-ADJNv—l
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`
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`JUDGE ANDRE BIROTTE JR.
`SCHEDULE OF PRETRIAL AND TRIAL DATES
`
`.
`.
`.
`Trral and Frnal Pretnal Conference Dates
`
`Court Order
`
`03/30/2021 at 8:30 am.
`IZI Jury Trial
`El Court Trial
`4-7 Day(s)
`
`Final Pretrial Conference (“FPTC') [L.R. 16], Hearing on Motions In Limine
`
`03l12lZOZ1 at 11:00 am.
`
`Event ‘
`Note: Hearings shall be on Fridays at 10:00 am.
`Other dates can be any day of the week.
`
`Court Order
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`05/28/2020
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`09/04/2020
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`09/25/2020
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`10/16/2020
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`01l08/2021I|||||g
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`\OOO\10\
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`Last Date to Hear Motion to Amend PIeadings/Add Parties [Friday]
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`Non-Expert Discovery Cut-Off
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`Expert Disclosure (Initial)
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`Expert Disclosure (Rebuttal)
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`Expert Discovery Cut-Off
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`Last Date to Hear Motions [Frida
`. Rule 56 Motion due at least 5 weeks before hearing
`- Opposition due 2 weeks after Motion is filed
`. Reply due 1 week after Opposition is filed
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`Deadline to Complete Settlement Conference [L.R. 16-15]
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`17
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`122
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`Trial Filings (first round)
`Motions In Limine
`Memoranda of Contentions of Fact and Law [L.R. 16-4]
`Witness Lists [L.R. 16-5]
`Joint Exhibit List [L.R. 16-6.1]
`Joint Status Report Regarding Settlement
`Proposed Findings of Fact and Conclusions of Law [L.R. 52] (court trial
`only)
`Declarations containing Direct Testimony, if ordered (court trial only)
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`Trial Filings (second round)
`Oppositions to Motions In Limine
`Joint Proposed Final Pretrial Conference Order [L.R. 16-7]
`Joint/Agreed Proposed Jury Instructions (jury trial only)
`Disputed Proposed Jury Instructions (jury trial only)
`Joint Proposed Verdict Forms (jury trial only)
`Joint Proposed Statement of the Case (jury trial only)
`Proposed Additional Voir Dire Questions, if any aury trial only)
`Evidentiary Objections to Beds. of Direct Testimony (court trial only)
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`11/06/2020
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`10/01/2020
`lZl 1. Magistrate Judge
`El 2. Court's Mediation Panel
`El 3. Private Mediation
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`02/05/2021
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`02/26/2021
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`1 The parties may seek dates for additional events by filing a separate Stipulation and Proposed Order. Class
`actions and gatent and ERlSA cases in garticular may need to vary from the above.
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`2 The parties may wish to consider cutting off expert discovery prior to the deadline for filing an MSJ.
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`

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`Case 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 4 of 19 Page ID #:849
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`ADDITIONAL DATES AND DEADLINES
`The Court largely adopts the following schedule of additional dates and deadlines
`jointly proposed by the parties in their Rule 26(F) Report (see Dkt. No. 46):
`
`
`EVENT
`Initial Disclosures Pursuant to Rule 26(a)
`Infringement Contentions as set forth in N.D. Cal. Local
`Patent Rule 3-1
`Document Production as set forth in N.D. Cal. Local Patent
`Rule 3-2
`Invalidity Contentions as set forth in N.D. Cal. Local
`Patent Rule 3-3
`Document Production as set forth in N.D. Cal. Local Patent
`Rule 3-4
`Exchange of Proposed Claim Terms for Construction
`Exchange of Proposed Claim Constructions as set forth in
`N.D. Cal. Local Patent Rule 4-2
`Deadline to Amend Pleadings/Add Parties (also reflected in
`the Schedule of Pretrial and Trial Dates above)
`Simultaneous Opening Claim Construction Briefs
`Claim Construction Hearing
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`Deadline to Amend Infringement and Invalidity
`Contentions
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`Fact Discovery Cut-off (also reflected in the Schedule of
`Pretrial and Trial Dates above)
`Opening Expert Reports (also reflected in the Schedule of
`Pretrial and Trial Dates above)
`Rebuttal Expert Reports (also reflected in the Schedule of
`Pretrial and Trial Dates above)
`Expert Discovery Cut-off (also reflected in the Schedule of
`Pretrial and Trial Dates above)
`Dispositive Motion Filing Deadline
`Oppositions to Dispositive Motions
`Replies on Dispositive Motions
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`ORDER
`January 16, 2020
`February 27, 2020
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`March 12, 2020
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`March 26, 2020
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`April 9, 2020
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`April 9, 2020
`April 30, 2020
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`May 28, 2020
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`June 25, 2020
`July 31, 2020
`10:00 a.m.
`Within 21 days of
`Claim Construction
`Order
`September 4, 2020
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`September 25, 2020
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`October 16, 2020
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`November 6, 2020
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`November 24, 2020
`December 11, 2020
`December 18, 2020
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`4.
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`Case 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 5 of 19 Page ID #:850
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`Hearing on Dispositive Motions (also reflected in the
`Schedule of Pretrial and Trial Dates above)
`First Round of Pre-Trial Filings Due (also reflected in the
`Schedule of Pretrial and Trial Dates above)
`Second Round of Pre-Trial Filings Due (also reflected in the
`Schedule of Pretrial and Trial Dates above)
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`January 8, 2021
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`February 5, 2021
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`February 26, 2021
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`A. Deadlines for Motions.
`All motions must be noticed to be heard on or before their respective deadlines.
`All unserved parties will be dismissed at the time of the pretrial conference pursuant
`to Local Rule 16-8.1.
`B. Discovery Cut-Off and Discovery Disputes
`1.
`Discovery Cut-off: The cut-off date for discovery is not the date
`by which discovery requests must be served; it is the date by which all discovery,
`including all hearings on any related motions, must be completed. Thus, written
`discovery must be served, and depositions must begin, sufficiently in advance of the
`discovery cut-off date to permit the discovering party enough time to challenge via
`motion practice responses deemed to be deficient. Given the requirements to meet
`and confer and to give notice, in most cases a planned motion to compel must be
`discussed with opposing counsel at least six weeks before the cut-off.
`2.
`Expert Discovery: All expert disclosures must be made in writing.
`The parties should begin expert discovery shortly after the initial designation of
`experts. The final pretrial conference and trial dates will not be continued merely
`because expert discovery is not completed. Failure to comply with these or any other
`orders concerning expert discovery may result in the expert being excluded as a
`witness.
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`3.
`Discovery Disputes: Counsel must use best efforts to resolve
`discovery problems among themselves in a courteous, reasonable and professional
`manner. Counsel must adhere to the Civility and Professionalism Guidelines at
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`Case 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 6 of 19 Page ID #:851
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`http://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism-
`guidelines .
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`4.
`Discovery Motions: Discovery motions are handled by the
`Magistrate Judge assigned to the case. Any motion challenging the adequacy of
`discovery responses must be filed, served, and calendared sufficiently in advance of
`the discovery cut-off date to permit the responses to be obtained before that date if the
`motion is granted.
`C. Law and Motion and Local Rule 7-3
`The Court reminds the parties of their obligation under Local Rule 7-3 to meet
`and confer to attempt to resolve disputes before filing a motion. This Court also
`requires the parties to meet and confer on any other request for relief (except those
`identified in Local Rules 7-3 and 16-12) .
`Please see the Standing Order for specific instructions regarding Motions to
`Dismiss, Motions to Amend, Motions for Summary Judgment, and other requests.
`D.
`Settlement Conference/Alternative Dispute Resolution Procedures
`Pursuant to Local Rule 16-15, the parties in every case must participate in a
`Settlement Conference or Alternative Dispute Resolution (“ADR”) procedure. The
`Scheduling Order indicates the procedure the parties shall use. If the parties prefer an
`ADR procedure other than the one ordered by the Court, they shall file a Stipulation
`and Proposed Order. This request will not necessarily be granted.
`Counsel shall file a Joint Report regarding the outcome of settlement
`discussions, the likelihood of possible further discussions, and any help the Court may
`provide with regard to settlement negotiations, by 7 days after the settlement
`conference. No case will proceed to trial unless all parties, including the principals of
`all corporate parties, have appeared personally at a settlement conference.
`E.
`Final Pretrial Conference/Proposed Final Pretrial Conference Order
`The Court has set a Final Pretrial Conference (“FPTC”) pursuant to Federal
`Rule of Civil Procedure 16 and Local Rule 16-8. THE COURT REQUIRES
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`6.
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`Case 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 7 of 19 Page ID #:852
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`STRICT COMPLIANCE WITH FED. R. CIV. P. 16 AND 26, AND LOCAL
`RULE 16. Each party appearing in this action must be represented at the FPTC by
`the lead trial counsel for that party. Counsel must be prepared to discuss streamlining
`the trial, including presentation of testimony by deposition excerpts or summaries,
`time limits, stipulations as to undisputed facts, and qualification of experts by
`admitted resumes.
`The parties must file a proposed Proposed Final Pretrial Conference Order
`(“Proposed FPTCO”) 2 weeks (14 days) before the FPTC. The parties must adhere to
`this deadline so chambers can prepare. A template for the Proposed FPTCO is
`available on Judge Birotte’s webpage. The parties MUST use this template.
`In specifying the surviving pleadings under section 1, state which claims or
`counterclaims have been dismissed or abandoned, e.g., “Plaintiff’s second cause of
`action for breach of fiduciary duty has been dismissed.” Also, in multiple-party cases
`where not all claims or counterclaims will be prosecuted against all remaining parties
`on the opposing side, please specify to which party each claim or counterclaim is
`directed.
`The parties must attempt to agree on and set forth as many uncontested facts as
`possible. The Court will usually read the uncontested facts to the jury at the start of
`trial. A carefully drafted and comprehensively stated stipulation of facts will shorten
`the trial and increase jury understanding of the case.
`In drafting the factual issues in dispute, the parties should attempt to state issues
`in ultimate fact form, not in the form of evidentiary fact issues. The issues of fact
`should track the elements of a claim or defense on which the jury will be required to
`make findings.
`Issues of law should state legal issues on which the Court will be required to
`rule during the trial and should not list ultimate fact issues to be submitted to the trier
`of fact.
`The parties shall email the Proposed FPTCO in Microsoft Word format to
`7.
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`Case 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 8 of 19 Page ID #:853
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`chambers at AB_Chambers@cacd.uscourts.gov .
`II. TRIAL PREPARATION
`THE PARTIES MUST STRICTLY COMPLY WITH LOCAL RULE 16.
`Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and
`confer in person 40 days in advance to prepare for the FPTC. Please review Local
`Rule 16-2. This Order sets forth some requirements different from or in addition to
`those set out in Local Rule 16. The Court may take the FPTC off calendar or impose
`other sanctions for failure to comply with these requirements.
`A.
`Schedule for Filing Pretrial Documents for Jury and Court Trials
`All pretrial document copies shall be delivered to the Court “binder-ready”
`(three-hole punched on the left side, without blue-backs, and stapled only in the top
`left corner). Except for motions in limine, oppositions, the Joint Status Report
`Regarding Settlement, and Declarations containing direct testimony, Counsel shall
`email all of the above, including any amended documents, in Microsoft Word
`format to AB_Chambers@cacd.uscourts.gov .
`The schedule for filing pretrial documents is as follows:
`‚ At least 3 weeks (21 days) before the Final Pretrial Conference:
` Motions in Limine
` Memoranda of Contentions of Fact and Law
` Witness Lists
` Joint Exhibit List
` Joint Status Report Regarding Settlement
` Proposed Findings of Fact and Conclusions of Law (court trial only)
` Declarations containing Direct Testimony (court trial only)
`‚ At least 2 weeks (14 days) before the Final Pretrial Conference:
` Oppositions to Motions in Limine
` Joint Proposed Final Pretrial Conference Order
` Joint/Agreed Proposed Jury Instructions (jury trial only)
`8.
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`Case 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 9 of 19 Page ID #:854
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` Disputed Proposed Jury Instructions (jury trial only)
` Joint Proposed Verdict Forms (jury trial only)
` Joint Statement of the Case (jury trial only)
` Proposed Additional Voir Dire Questions, if any (jury trial only)
` Evidentiary Objections to Declarations of Direct Testimony (court
`trial only)
`1. Motions in Limine
`Motions in limine will be heard and ruled on at the FPTC. The Court may rule
`on motions in limine orally only instead of in writing. All motions in limine must be
`filed at least 3 weeks (21 days) before the final pretrial conference; oppositions must
`be filed at least 2 weeks (14 days) before the final pretrial conference; there will be no
`replies. Motions in limine and oppositions must not exceed 10 pages in length.
`Before filing a motion in limine, counsel must meet and confer to determine
`whether opposing counsel intends to introduce the disputed evidence and to attempt to
`reach an agreement that would obviate the motion. Motions in limine should address
`specific issues (e.g., not “to exclude all hearsay”). Motions in limine should not be
`disguised motions for summary adjudication of issues. The Court may strike
`excessive or unvetted motions in limine.
`2. Witness Lists
`Witness Lists must be filed 3 weeks (21 days) before the FPTC. They must be
`in the format specified in Local Rule 16-5, and must also include for each witness (i) a
`brief description of the testimony, (ii) what makes the testimony unique, and (iii) a
`time estimate in hours for direct and cross-examination (separately stated). Please
`follow the template posted to Judge Birotte’s webpage. Any Amended Witness List
`must be filed by 12:00 p.m. (noon) the Friday before trial.
`3. Joint Exhibit List
`The Joint Exhibit List must be filed 3 weeks (21 days) before the FPTC. It
`must be in the format specified in Local Rule 16-6, and shall include an additional
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`Case 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 10 of 19 Page ID #:855
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`column stating any objections to authenticity and/or admissibility, and the reasons for
`the objections. Please follow the template posted to Judge Birotte’s webpage. Any
`Amended Joint Exhibit List must be filed by 12:00 p.m. (noon) the Friday before trial.
`4. Jury Instructions (jury trial only)
`Jury instructions must be filed no later than 2 weeks (14 days) prior to the
`FPTC. The parties shall make every attempt to agree upon jury instructions before
`submitting proposals to the Court. The Court expects counsel to agree on the
`substantial majority of jury instructions, particularly when pattern or model
`instructions provide a statement of applicable law. The parties shall meet and
`confer on jury instructions according to the following schedule:
` 4 weeks (28 days) before FPTC: Counsel shall exchange proposed jury
`instructions (general and special)
` 3 weeks (21 days) before FPTC: Counsel shall exchange any objections to the
`instructions
` Until 2 weeks (14 days) before FPTC: Counsel shall meet and confer with the
`goal of reaching an agreement on one set of Joint/Agreed Jury Instructions.
` 2 weeks (14 days) before FPTC: counsel shall file their (1) Joint/Agreed
`Proposed Jury Instructions and their (2) Disputed Jury Instructions.
`If the parties disagree on any proposed jury instructions, they shall file: (i) 1 set
`of Joint/Agreed Proposed Jury Instructions to which all parties agree; and (ii) 1 set of
`Disputed Jury Instructions, which shall include a “redline” of any disputed language
`and/or the factual or legal basis for each party’s position as to each disputed
`instruction. Where appropriate, the disputed instructions shall be organized by
`subject, so that instructions that address the same or similar issues are presented
`sequentially. If there are excessive or frivolous disagreements over jury instructions
`or the special verdict form, the Court will order the parties to further meet and confer
`before trial and/or during trial until they substantially narrow their disagreements.
`Sources: When the Manual of Model Jury Instructions for the Ninth
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`Case 2:19-cv-06301-AB-KS Document 54 Filed 01/08/20 Page 11 of 19 Page ID #:856
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`Circuit provides an applicable jury instruction, the parties should submit the most
`recent version, modified and supplemented to fit the circumstances of this case.
`Where California law applies, counsel should use the current edition of the Judicial
`Council of California Civil Jury Instructions (“CACI”). If neither applies, counsel
`should consult the current edition of O’Malley, et al., Federal Jury Practice and
`Instructions. Counsel may submit alternatives to these instructions only if there is a
`reasoned argument that they do not properly state the law or that they are incomplete.
`The Court seldom if ever gives instructions derived solely from cases.
`Format: Each requested instruction shall (1) cite the authority or source
`of the instruction, (2) be set forth in full, (3) be on a separate page, (4) be numbered,
`(5) cover only one subject or principle of law, and (6) not repeat principles of law
`contained in any other requested instruction. If a standard instruction has blanks or
`offers options (i.e. “he/she”), the parties must fill in the blanks or make the
`appropriate selections in their proposed instructions.
`Index: The Proposed Instructions must have an index that includes the
`following for each instruction, as illustrated in the example below:
` the number of the instruction;
` the title of the instruction;
` the source of the instruction and any relevant case citations; and
` the page number of the instruction.
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`Example:
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`Instruction
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` Title
`Number
` Trademark-Defined
`1
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` (15.U.S.C. § 1127)
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`During the trial and before closing argument, the Court will meet with counsel
`to settle the instructions, and counsel will have an opportunity to make a further
`record concerning their objections.
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`
`Source
`9th Cir. 8.5.1
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`Page Number
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`1
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`5. Joint Verdict Forms (jury trial only)
`The parties shall make every attempt to agree upon a verdict form before
`submitting proposals to the Court. Counsel shall file a proposed verdict form(s) no
`later than 2 weeks (14 days) before the FPTC. If the parties are unable to agree on a
`verdict form, the parties shall file one document titled “Competing Verdict Forms”
`which shall include: (i) the parties’ respective proposed verdict form; (ii) a “redline”
`of any disputed language; and (iii) the factual or legal basis for each party’s respective
`position if the entire form is being disputed.
`6. Joint Statement of the Case (jury trial only)
`By 2 weeks (14 days) before the FPTC, counsel must file a Joint Statement of
`the Case for the Court to read to the panel of prospective jurors before commencement
`of voir dire. This should be a brief neutral statement. no more than one page long.
`7. Voir Dire (jury trial only)
`The Court will conduct the voir dire. The Court asks prospective jurors basic
`questions (jurors’ place of residence, employment, whether familiar with the parties or
`counsel, etc.), and may ask additional case-specific questions. By 2 weeks (14 days)
`before the FPTC, counsel may, but are not required to, file proposed case-specific voir
`dire questions for the Court’s consideration.
`Generally, a jury consists of eight jurors. In most cases, the Court seats 16
`prospective jurors in the jury box and conducts its initial voir dire. Each side has 3
`peremptory challenges. If 16 jurors are seated in the box and all 6 peremptory
`challenges are exercised, the remaining 8 jurors will constitute the jury panel. If fewer
`than 6 peremptory challenges are exercised, the 8 jurors in the lowest numbered seats
`will be the jury. The Court will not necessarily accept a stipulation to a challenge for
`cause. If one or more challenges for cause are accepted, and all 6 peremptory
`challenges are exercised, the Court may decide to proceed with 6 or 7 jurors.
`8. Proposed Findings of Fact and Conclusions of Law (court trial
`only)
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`For any trial requiring findings of fact and conclusions of law, counsel for each
`party shall, no later than 3 weeks (21 days) before the FPTC, file and serve on
`opposing counsel its Proposed Findings of Fact and Conclusions of Law in the format
`specified in Local Rule 52-3.
`The parties may submit Supplemental Proposed Findings of Fact and
`Conclusions of Law during the trial. Once trial concludes, the Court may order the
`parties to file Revised Proposed Findings of Fact and Conclusions of Law.
`9. Declarations for Direct Testimony (court trial only)
`When ordered by the Court in a particular case, each party shall, at least 3
`weeks (21 days) before the FPTC, file declarations containing the direct testimony of
`each witness whom that party intends to call at trial. If such declarations are filed,
`each party shall file any evidentiary objections to the declaration(s) submitted by any
`other party by 2 weeks (14 days) before the FPTC. Such objections shall be submitted
`in the following three-column format: (i) the left column should contain a verbatim
`quote of each statement objected to (including page and line number); (ii) the middle
`column should set forth a concise objection (e.g., hearsay, lacks foundation, etc.) with
`a citation to the Fed. R. Evid. or, where applicable, a case citation; and (iii) the right
`column should provide space for the court’s ruling on the objection. The Court
`anticipates issuing its ruling on the objections the same date as the FPTC.
`B.
`Trial Exhibits
`Trial exhibits that consist of documents must be submitted to the Court in three-
`ring binders. Counsel shall submit to the Court 1 original set of exhibit binders, and
`2 copies: the original set shall be for the witnesses, and the 2 copies are for the Court.
`All exhibits must be placed in three-ring binders indexed by exhibit number with tabs
`or dividers on the right side. Exhibits shall be numbered 1, 2, 3, etc., not 1.1, 1.2, etc.
`The defendant’s exhibit numbers shall not duplicate plaintiff’s numbers. For all 3 sets
`of binders, the spine of each binder shall indicate the volume number and the range of
`exhibit numbers included in the volume.
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` The original set of exhibits shall have official exhibit tags (yellow tags for
`plaintiff’s exhibits, and blue tags for defendant’s exhibits) affixed to the
`front upper right-hand corner of the exhibit, with the case number, case
`name, and exhibit number stated on each tag. Tags may be obtained from
`the Clerk’s Office, or counsel may print their own exhibit tags using Forms
`G-14A and G-14B on the “Court Forms” section of the Court’s website.
` The 2 sets of copies of the exhibits shall not have official exhibit tags but
`must be indexed with tabs or dividers on the right side.
`Counsel will review the exhibit list and the exhibit binders with the Courtroom
`Deputy Clerk (“CRD”) before the admitted exhibits are given to the jury.
`The Court provides audio/visual equipment for use during trial. More
`information is available at http://www.cacd.uscourts.gov/clerk-services/courtroom-
`technology . The Court does not permit exhibits to be “published” by passing them up
`and down the jury box. Exhibits may be displayed briefly using the screens in the
`courtroom, unless the process becomes too time-consuming.
`Counsel must meet and confer not later than 10 days before trial to stipulate as
`far as possible to foundation, to waiver of the best evidence rule, and to exhibits that
`may be received into evidence at the start of the trial. The exhibits to be so received
`will be noted on the Court’s copy of the exhibit list.
`C. Materials to Present on First Day of Trial
`Counsel must present these materials to the CRD on the first day of trial:
`1. The 3 sets of exhibit binders (1 original, 2 copies) described above.
`2. Any deposition transcripts to be used at trial, either as evidence or
`for impeachment. These lodged depositions are for the Court’s use;
`counsel must use their own copies during trial.
`D. Court Reporter
`Any party requesting special court reporter services for any hearing (i.e., real
`time transmission, daily transcripts) shall notify the court reporter at least 2 weeks
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`before the hearing date.
`E.
`Jury Trial
`On the first day of trial, court will commence at 8:30 a.m. and conclude at
`approximately 4:30 p.m., with a 1-hour lunch break. Counsel must appear at 8:30
`a.m. to discuss preliminary matters with the Court The Court will call a jury panel
`only when it is satisfied that the matter is ready for trial. Jury selection usually takes
`only a few hours. Counsel should be prepared to proceed with opening statements and
`witness examination immediately after jury selection.
`Fridays are usually reserved for the Court’s calendar, so generally there will not
`be trial on Fridays. Therefore, during the first week, trial days are generally Tuesday
`through Thursday. After the first week, trial days are generally Monday through
`Thursday. Trial days are from 9:00 a.m. to approximately 4:30 p.m., with two 15-
`minute breaks and a 1-hour lunch break.
`III. CONDUCT OF ATTORNEYS AND PARTIES
`A. Meeting and Conferring Throughout Trial
`The parties must meet and confer on an ongoing basis throughout trial on all
`issues as they come up. The Court will not resolve any issue during trial unless and
`until the parties have attempted to resolve it themselves. The Court strictly enforces
`this rule.
`B. Opening Statements, Examining Witnesses, and Summation
`Counsel must use the lectern. Counsel must not consume time by writing out
`words, drawing charts or diagrams, etc. Counsel may prepare such materials in
`advance. The Court will establish and enforce time limits for opening statements and
`closing arguments, and for examination of witnesses.
`C. Objections to Questions
`Counsel must not use objections to make a speech, recapitulate testimony, or
`attempt to guide the witness.
`When objecting, counsel must rise to state the objection and state only that
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`counsel objects and the legal ground of objection. If counsel wishes to argue an
`objection further, counsel must ask for permission to do so.
`D. General Decorum
`1.
`Counsel must not approach the CRD or the witness box without
`specific permission and must return to the lectern when the purpose for approaching
`has been accomplished.
`2.
`Counsel must rise when addressing the Court, and when the Court
`or the jury enters or leaves the courtroom, unless directed otherwise.
`3.
`Counsel must address all remarks to the Court. Counsel must not
`address the CRD, the court reporter, persons in the audience, or opposing counsel.
`Any request to re-read questions or answers shall be addressed to the Court. Counsel
`must ask the Court’s permission to speak with opposing counsel.
`4.
`Counsel must not address or refer to witnesses or parties by first
`names alone, with the exception of witnesses under 14 years old.
`5.
`Counsel must not offer a stipulation unless counsel have conferred
`with opposing counsel and have verified that the stipulation will be acceptable.
`6. While Court is in session, counsel must not leave counsel table to
`confer with any person in the back of the courtroom without the Court’s permission.
`7.
`Counsel must not make facial expressions, nod, shake their heads,
`comment, or otherwise exhibit in any way any agreement, disagreement, or other
`opinion or belief concerning the testimony of a witness. Counsel shall admonish their
`clients and witnesses not to engage in such conduct.
`8.
`Counsel must never talk to jurors at all, and must not talk to co-
`counsel, opposing counsel, witnesses, or clients where the conversation can be
`overheard by jurors. Counsel should admonish their clients and witnesses to avoid
`such conduct.
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`9. Where a party has more than one lawyer, only one may conduct
`the direct or cross-examination of a particular witness, or make objections as to that
`witness.
`E.
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`Promptness of Counsel and Witnesses
`1.
`Promptness is expected from counsel and witnesses. Once counsel
`are engaged in trial, this trial is counsel’s first priority. The Court will not delay the
`trial or inconvenience jurors.
`2.
`If a witness was on the stand at a recess or adjournment, counsel
`who called the witness shall ensure the witness is back on the stand and ready to
`proceed when trial resumes.
`3.
`Counsel must notify the CRD in advance if any witnes