CIVIL DISTRICT COURT FOR THE PARISH OF DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA NO:…

Download CIVIL DISTRICT COURT FOR THE PARISH OF DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA NO:…

Post on 25-Jun-2018

212 views

Category:

Documents

0 download

TRANSCRIPT

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    NO: DOCKET 4

    VERSUS

    You have filed a motion to set for trial in Division "F"! Please find enclosed a Case Management

    Order which will ensure the Court that the matter is ready for trial.

    If you have conferred under Rule 10 Section 4, and are in fact ready for trial you may call the court

    for a Pre-Trial Conference to choose a Trial date and/or to discuss settlement.

    If you have filed a motion to Set For Trial, and are not ready for trial, please find enclosed the

    Case Management Order.

    It is your responsibility to confer with all Counsel and agree upon cut-off dates within three (3) weeks

    of this date. The time periods on the form are merely suggestions that may be lengthened or shortened.

    They shall however remain in the sequence that they are in.

    After all counsel have conferred, all counsel must sign one CMO (original signatures.) You are to file it

    in the clerk's office and return it to the Division. Note Local Rules on paper size. Because some

    signatures are illegible, please write bar number behind signature.

    These dates are subject to extensions but must be court approved.

    You will be given a trial date and a date to receive a trial order. You must be prepared to engage in

    good faith settlement discussions at that time. All deadlines should have passed by that time. After that

    date there will be no continuances based on the need for additional discovery.

    It is your responsibility to furnish a copy of this document to all counsel. If you need the Court's

    assistance, please contact the minute clerk.

    New Orleans, Louisiana this day of , 20 .

    CHARLES LANDRYMINUTE CLERKDIVISION "F"

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    DIVISION "F"

    NO. DOCKET 4

    VERSUS

    CASE MANAGEMENT ORDER

    1. Have all potential parties been served and answered?

    2. Are there any other cases to be consolidated?

    3. This is a:

    a. damage suit

    b. compensation case

    c. contract case

    d. other (specify)

    4. All supplemental and amending pleadings and incidental demands shall be filled and

    served on or before .(45 days from date) Month/day/year

    5. This is a judge / jury trial (circle one).

    6. This trial will last days.

    7. All discovery (including rules to compel and for sanctions) shall be completed and

    disposed of by .(Within 120 days) Month/day/year

    8. Are there any outstanding Motions or Exceptions which have been filed and have not been

    disposed of by the Court? If any, list them and the date it was sent to the Court.

    ITEM FILED? DATE? BY WHOM? WHEN WAS IT FILED

  • 9. All preliminary motions and exceptions shall be filed with the Court and heard on or

    before .(150 days from date) Month/day/year

    Attorney

    Bar No: Address:

    Phone:

    Attorney

    Bar No: Address:

    Phone:

    Attorney

    Bar No: Address:

    Phone:

    Attorney

    Bar No: Address:

    Phone:

    THE FOREGOING DATES SHALL NOT BE CHANGED WITHOUT PRIOR COURT APPROVAL.

    NOTICE OF TRIAL DATE

    This case is set for trial on the day of , 20 .

    ORDER

    You are further ordered to appear on , at m for a

    settlement conference and receive trial order. Parties are to be present or counsel must have authority

    to settle. Failure to appear will result in contempt of court.

    New Orleans, Louisiana this date of , 20 .

    Judge Yada T. Magee

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    DIVISION "A"

    NO. VERSUS

    PRE-TRIAL ORDER

    Plaintiff MUST submit a written settlement offer to all counsel within 20 days of receipt of this

    notice. Failure to do so may result in the imposition of penalties.

    Within 20 days of receipt of plaintiffs settlement offer, defendant MUST submit a written

    response. Failure to do so may result in the imposition of penalties.

    Failure to appear for trial may result in the dismissal of the case.

    Any counsel requesting a continuance of the assigned trial date, even if unopposed, MUST file a

    written motion for continuance. The Motion to Continue MUST include a brief explanation as to why

    the continuance is being requested and MUST state whether or not opposing counsel objects to the

    continuance.

    DISCOVERY CUT-OFF DATES AND TRIAL DATE

    1) All supplemental and amending pleadings must be filed by:

    2) Plaintiffs' witness lists, including experts, are due by:

    3) Defendants' witness lists, including experts, are due by:

    4) All discovery, including the exchange of all reports, and the taking of all depositions must be

    completed by: .

    5) All contradictory motions, including Motions in Limine, must be filed by:

    to be heard on .

    6) Jury Trial/Non - jury trial set for at m.

    Special jury charges and Jury Interrogatories are due the morning of trial.

    7) It is mandatory that all counsel shall confer in person or by phone at, least two (2) days prior to

    trial (Saturdays and Sundays included) to confect stipulations, narrow the issues and discuss

    settlement of this case.

    NOTICE:

    a) Received in person .

    b) Mailed to/ served on:

    New Orleans, Louisiana this day of , 2001.

    Carolyn W. Gill-JeffersonJudge

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    NO. DIVISION "A" SECTION 5

    VERSUS

    ORDER

    A pre-trial conference has been scheduled for:

    at m. Trial counsel must be present to

    discuss:

    1. Settlement;

    2. Cut Off Dates; and,

    3. A Trial Date;

    If this is a jury trial, please be prepared to pay$ 10.00 jury bond, pursuant to L.A C.C.P. 1734.

    Please bring your calendar.

    New Orleans, Louisiana, this day of , 2000.

    Sincerely,

    Alice SneeLaw Clerk

    NOTE:

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    NO. DIVISION "A" SECTION 5

    VERSUS

    JURY TRIAL ORDER REQUIRED BY LA. C.C.P. 1734

    Demand for trial by Jury having been made herein, the Court hereby fixes bond required of the

    party desiring trial by jury in the amount of $10.00, which shall be posted not later that thirty days

    prior to trial of this matter which is set for:

    In addition to the bond set herein, the party desiring trial by jury must deposit with the Clerk of

    this Court the sum of one hundred ninety-two dollars ($192.00) for each day of trial and an

    additional sixteen dollars ($16.00) for each day for any alternate juror, said deposit to be made on

    or before the date of trial, prior to commencement of the trial.

    IT IS FURTHER ORDERED that any Jury Order previously issued in this proceeding which

    may conflict with requirements herein be, and the same is hereby recalled and set aside.

    Counsel waive service of said jury order and acknowledge receipt of same this date.

    New Orleans, Louisiana this day of , 200 .

    Judge Carolyn W. Gill-Jefferson

    Counsel:

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    NO. DIVISION "C" SECTION: 06

    v

    PRE-TRIAL ORDER

    NOW INTO COURT, through undersigned counsel, come Plaintiff(s) and Defendant(s), in the

    above entitled and numbered cause, for the purpose of filing this pre-trial order.

    A pre-trial conference is scheduled for at o'clock .M.,

    and a trial is scheduled for at o'clock A.M., the trial estimated to last

    day(s).

    The joint pre-trial order is due Ten days prior to trial; accordingly, it was filed into the record of

    the this case, with two copies delivered to Division C for Judge Belsome and a copy delivered to

    all counsel of record, on .

    1) Names of Parties and their attorneys:* Attorney(s) for Plaintiffs: * Attorney(s) for Defendant

    2) Summary of Facts by Plaintiff:

    3) Summary of Facts by Defendant:

    4) Stipulations:

    5) Possible Stipulations:

  • FORM 73

    CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    No. Docket Division

    EXHIBIT LIST

    EXHIBITS OFFERED, INTRODUCED AND FILED INTO EVIDENCE ON BEHALF OF

    ,

    BY , ATTORNEY FOR ,

    MARK FOR IDENTIFICATION DESCRIPTION

  • Form 7A

    STATE OF LOUISIANA

    Civil District Court for the Parish of Orleans

    No. DIVISION " " DOCKET

    JUDGMENT

    This cause came on this day for trial.

    Present:

    When, after hearing the pleadings, evidence and argument of counsel, the Court considering the

    law and the evidence to be in favor of the plaintiff for the reasons orally assigned;

    IT IS ORDERED, ADJUDGED AND DECREED that there be judgment herein in favor of

    the plaintiff,

    JUDGMENT read, rendered and signed in open Court

    JUDGE

  • NO.

    6) Contested Issues of Fact and Law:

    7) List of Fact Witnesses and the Areas Which They Will Testify (Please indicate if testimony will bepresented by deposition transcript, videotapes, or otherwise):

    8) List of Expert Witnesses and Their Field of Expertise (Please indicate if testimony will bepresented by deposition transcript, videotapes, or otherwise):

    9) List of Exhibits:

    10) Medical Summary:

    11) Citations, Authorities and Quantum :

    12) Suggested Jury Instructions (if applicable):

    13) Suggested Jury Interrogatories (if applicable):

  • NO.

    Respectfully submitted,

    Signed by All Counsel.

    CERTIFICATION OF COUNSEL

    The undersigned counsel hereby certifies that this pre-trial outline has been formulated afterconference at which counsel for respective parties have appeared in person. Reasonable opportunity has beenafforded counsel for corrections or additions prior to signing. Hereafter, this outline will control the courseof the trial and may not be amended except by consent of the parties and the Court, or by order of the Courtto prevent manifest injustice. Possibility of settlement of this case was considered. If this case settles priorto the morning of trial, it is the responsibility of the plaintiff's attorney to immediately telephone and notify theCourt.

    Signed by All Counsel.

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    NO. DIVISION "C" SECTION: 06

    v

    SCHEDULING ORDER

    1.) The Trial Date for this matter is to be set for at 9 o'clock A.M.

    2.) Have all potential parties been served and answered?

    3.) Are there any other cases to be consolidated?

    4.) What is the nature of this dispute? a. damage suit? b. compensation? c. contract? d. other (specify) e. Judge or jury?

    5.) Length of Trial .

    6.) All supplemental pleadings and incidental demands must be filed and served on or before .

    7.) Plaintiffs must disclose all experts on or before: .

    8.) Plaintiffs must disclose all witnesses that they intend to call on or before:

    .

    9.) Defendants must employ an disclose all experts on or before: .

    10.) Defendants must disclose all witnesses that they intend to call on or before:

    .

    11.) Plaintiffs will complete all discovery by: .

    12.) All preliminary motions and exceptions will be submitted, and heard by:

    FRIDAY .

    13.) All pretrial orders and jury charges will be submitted ten (10) days prior to trial.

    New Orleans, Louisiana this day of , 20 .

    Minute Clerk

    Notices Waived

  • NO.

    NOTICE WAIVED

    ATTORNEYS NAME (print) Attorneys Signature phone number party

    1.

    2.

    3.

    4.

    5.

    6.

    7.

    8.

    9.

    10.

    11.

    12.

    Signed by all counsel of record.

  • FORM 85 - Rev. 3/000

    STATE OF LOUISIANA

    CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    No. DIV. DOCKET

    versus

    MOTION TO SET FOR TRIAL ON THE MERITS

    , Attorney for who certifies that Trial Counsel have conferred on the day of , 20 and the case is ready for trial in accordance with Rule 10, Section I reprinted on the reverse side hereof,moves the Court to set this case for trial.

    Mover further certifies that a copy hereof has beenMailed to all counsel of record before submission to theCourt.

    JURY 9

    NON-JURY 9

    Signature of Mover

    Address

    ESTIMATED TIME FOR TRIAL

    Zip Code Telephone No.

    NOTICE OF TRIAL

    IT IS ORDERED by the Court that this case be:

    set for a pre-trial conference on , 20 , at M.

    set for trial on the merits at M. on the day of , 20

    , 20

    JUDGE

    THE ATTORNEY SUBMITTING THIS MOTION IS REQUIRED TO PROVIDE BELOW OR IN THE REVERSE SIDE: 1) The name of each party to this law suit and their status, i.e., defendant, Third Party, Plaintiff 2) The name, address and phone number of each attorney representing each party.

    I certify that a copy of this notice has beenMailed to each attorney or party in properPerson.

    Minute Clerk

    WebmasterThis is a two-sided form. Please print page 2 on the reverse side of page 1.

  • RULE 10, SECTION I

    No case shall be placed upon any docket for trial, except by order of the court, granted upon

    motion by a party, suggesting to the Court that all issues propounded in the principal and

    incidental demands have been joined; that cases which should be consolidated have been

    consolidated; that all exceptions have been disposed of, motions for summary judgement

    heard; all discovery completed; and that the case is ready for trial on its merits. Said motion

    shall be signed by the attorney for the mover who shall certify that trial counsel for all parties

    have conferred, in person, to confirm the foregoing have been accomplished. No conference

    is required with any party appearing pro se. Any attorney residing outside the greater New

    Orleans area may confer by phone. Forms of this motion are available and will be supplied

    by the Clerk of Court upon request.

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANADIVISION I

    TRIAL ORDER

    GENERALCounsel certifies that all potential parties have been served and answered and that there are no othercases to be consolidated. Once a trial date is selected, no supplemental and amending pleadings orincidental demands will be allowed.

    The deadlines set forth in this order may only be extended by agreement of all counsel and by filing amotion to extend the cut-off date, or by contradictory motion.

    WITNESSES

    1. Plaintiff shall file his witness list on or before (10 weeks prior to trial .

    2. Defendant shall file his witness list on or before (8 weeks prior to trial).

    Each party shall file a copy of his witness list with the Court and shall mail a copy to hisopponent on or before this date. Witness lists shall include the names of all witnesses,including expert and impeachment witnesses. No expert may be listed as a witnessunless he has previously been interviewed and retained.

    All subpoenas shall be ordered with proper instructions and addresses on or before 30days prior to trial date. Any witness not properly subpoenaed may testify if the witnessvoluntarily appears; however, the Court will not compel the attendance nor grant anyrelief for non-attendance. Any properly subpoenaed witnesses who cannot appear attrial are to be deposed and the transcript of that deposition shall be filed in the recordprior to the date of trial.

    RULES TO SHOW CAUSE

    3. All motions and exceptions shall be filed on or before (6weeks prior to trial). Summary judgments must be disposed of at least 10 days prior to the trial.

    CONFERENCEAll counsel shall confer personally not more than 10 days nor less than 48 hours prior to trial in order toconfect stipulations, discuss settlement and to mark and exchange all exhibits. A list of these exhibitsshall be filed with the Court. If there is disagreement as to the use of any exhibit, the exhibit should bemarked and each counsel shall file a memorandum setting forth his or her position.

    It shall be the duty of plaintiffs counsel to initiate the conference, however, all counsel have a duty toparticipate. Failure to confer may result in the exclusion of exhibits, refusal of the court to try the caseor other sanctions. The failure of either counsel to cooperate should be reported to the court.

    DISCOVERY

    4. All discovery is to be completed on or before (30 days prior to trial).

    Depositions must be set prior to the cut-off date with reasonable notice to all concerned. Interrogatories must be received at least 15 days prior to the cut-off date. Written notice of medicalexaminations and updates must be received by opposing counsel at least 10 days prior to the discoverycut-off. Medical evidence obtained after the discovery cut-off will be inadmissible.

  • 5. Quantum

    Non-Jury Trials

    All parties are required to submit a Quantum Study 48 hours in advance of the trialdate. If the trial is set for Monday, the report is due on the preceding Friday.

    Parties shall submit to the Court proposed judgments and proposed findings of fact on the morning of trial.

    Plaintiffs shall submit a list of special damages one week prior to trial.

    TRIALThis case is set for trial based on the assertions made by counsel. The trial will be conducted based onthe information produced from the listing of witnesses, from discovery, from the status of the case at theconclusion of discovery and from the exhibits and physical evidence exchanged and marked at theconference prior to trial.

    This is a bench/jury trial. If a jury order is signed after the issuance of the trial date, counsel shall notifythe court for further instructions pertaining to jury trials.

    The trial of this matter will last ___ day(s). If the case cannot reasonably be completed in this time, thecourt may discontinue the trial or may refuse to try the case. This case is fixed for trial on the merits on________ at 9:00 AM. Any matter which may cause delay of the trial shall immediately be called to theattention of the court.

    Any objections to this trial order shall be made within 7 days of receipt of this order. Receipt shall bedeemed achieved 2 days after mailing.

    If the trial is continued, all cut-off dates remain the same, unless new dates are requested.

    New Orleans, Louisiana, this___ day of _________, 2003.

    ___________________________________Sharon Carter SheridanMinute Clerk, Division I

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    DIVISION I

    ADDITIONAL INSTRUCTIONS FOR JURY TRIALS

    DEPOSITIONS

    Each expert witness to be used in this case shall be deposed so that the deposition may be used in theevent that the witness is unable to appear, or in accordance with LSA C.C.P. art. 1450. For depositionsto be offered into evidence, the parties shall meet prior to trial and agree to the elimination of allirrelevant and repetitive matters and all colloquy between counsel. In addition, the parties shall, in goodfaith, attempt to resolve all objections to testimony so that the court will be required to rule only on thoseobjections to which counsel cannot agree.

    As to all objections which cannot be amicably resolved, the parties shall deliver to the court, not lessthan two working days prior to trial, a statement identifying the portions objected to and the groundstherefor. Proponents and opponents shall furnish the court with appropriate statements of authorities insupport of their positions.

    JURY INSTRUCTIONS

    The parties shall submit joint jury instructions and joint jury interrogatories to the court sevencalendar days prior to trial. To accomplish this, the parties shall serve their proposed instructions andinterrogatories upon each other two weeks prior to trial. The parties shall then meet, confer, and submitto the court joint jury charges and interrogatories. As to instructions and interrogatories to which theparties cannot agree, each party shall submit a supplemental set of his or her proposed charges andinterrogatories.

    Written objections to an opponents proposed charges and interrogatories shall include citation toauthority and shall be submitted to the court not less than two working days prior to trial. Whereapplicable, the objecting party shall submit an alternative instruction or interrogatory related to theparticular subject or principle of law.

    On the day of trial, each party may submit a concise written argument in support of his or her proposedinstructions and interrogatories to which an opponent objected.

    GENERAL

    All objections and instructions shall be delivered directly to the judges chambers through her law clerk.

    Counsel shall be prepared to read to the jury a list of witnesses that may be called to testify. Anywitness whose name is not read to the jury shall be prohibited from testifying.

    Failure to strictly comply with the instructions contained in this order may result in sanctions, which mayinclude the striking of depositions, instructions or the jury order.

    New Orleans, Louisiana, this ___ day of ___________, 2003.

    ___________________________________ Sharon Carter Sheridan

    Minute Clerk, Division I

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    DIVISION I

    JURY TRIAL ORDER REQUIRED BY LA. C.C.P. 1734.

    Demand for trial by Jury having been made herein, the Court hereby fixes bond required of the

    party desiring trial by jury in the amount of $10.00, which shall be posted not later than thirty days prior

    to trial of this matter which is set for ___________.

    In addition to the bond set herein, the party desiring trial by jury must deposit with the Clerk of

    this Court the sum of one hundred ninety-two dollars ($192.00) for each day of trial and an additional

    sixteen dollars ($16.00) for each day for any alternate juror, said deposit to be made on or before the

    date of trial, prior to the commencement of trial.

    IT IS FURTHER ORDERED that any Jury Order previously issued in this proceeding which

    may conflict with requirements be, and the same is hereby recalled and set aside.

    New Orleans, Louisiana, this day of _________, 2003.

    ___________________________________JUDGE

    Exhibit ListJudgmentMotion to SetMotion to Set For Trial on the Merits (2 pages)Division "A" FormsDivsion "A" Pre-Trial OrderDivision "A" - Order re: Pre-Trial ConferenceDivision "A" - Jury Trial Order

    Division "C" FormsDivision "C" Standard Jury ChargeDivision "C" Scheduling OrderPre-Trial Order (Div C)

    Case Management Order (Div "F")Cover LetterCase Management Order (2 pages)

    Pre-Trial OrderDivision "I" Trial Order (4 pages)

    case no: 2: 1: 19: 18: yes or no: 9: 12: 11: 10: 8: 7: 6: 5: 4: 3: Name: notes: name: date and time: possible solutions: stipulations: summary: Attorneys: date: No: time: A - P: Case Name defendant: Case name: Case no: jury interrogatories: jury charges: citations: Medical: exhibits: experts: witnesses: Issues: case number: length: x: yes/no - list: yes/no: case name: suit no: party: phone: attorney: 17: 16: 15: 14: 13: 51: 50: 49: 48: 47: 46: 45: 44: 43: 42: 41: 40: 39: 38: 37: 36: 35: 34: 33: 32: 31: 30: 29: 28: 27: 26: 25: 24: 23: 22: 21: 20: 100:

Recommended

View more >