CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

STATE OF LOUISIANA

NO. DIVISION “B” SECTION 3

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VERSUS

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TRIAL ORDER

IT IS ORDERED by this court that all parties and all attorneys comply with the

following:

1. This is a ___________________ trial.

2. The length of the trial shall not exceed___days. If the case cannot reasonably be

completed in this time, the court may discontinue the trial or may refuse to try the case.

Attorneys must be present and check in with the law clerk at 9:45 a.m.

3. All supplemental amending pleadings and descriptive lists must be filed and served by

___________________. After the pre-trial conference, supplemental and amending

pleadings and incidental demands may be filed only after contradictory hearing.

4. Plaintiff and Defendant shall complete all discovery by ________________________.

The parties shall submit a joint detailed descriptive list and pre-trial motion by ________.1

FOR CUSTODY/PARTITION CASES:

5. Plaintiff(s) shall employ all experts and disclose in writing the names and addresses of all

witnesses including experts and impeachment witnesses as well as exhibit lists on or before

___________________. Failure to disclose such witnesses will preclude their testimony

except for good cause shown.

6. Defendant(s) shall employ all experts and disclose in writing the names and addresses of

all witnesses including experts and impeachment witnesses as well as exhibit lists on or

before ____________________. Failure to disclose such witnesses will preclude their

testimony except for good cause shown.

*All preliminary motions, exceptions including motions to compel shall be filed with the

Court on or before ___________________ by 4:00pm, and shall be set for hearing no later

than 15 days prior to trial. However, motions in limine shall only be heard on the morning

of trial. Motions not heard are deemed abandoned. Note that the Court cannot and does

not guarantee to the filer of a motion that the motion will be able to be scheduled for

hearing because of docket backlog. Accordingly, a mover should file motions

substantially early so that a hearing may be timely set.

1Failure to file a joint descriptive list timely will result in a continuance of the trial date.

7. Trial on the merits is scheduled for __________________________, at ___________.

8. A subsequent pre-trial/trial settlement conference is scheduled for

____________________ at _____________ . This conference will be held ____________.

9. It may be appropriate to fix deadlines for all of the above at a conference. This order may

be updated from time to time because extensions of intermediate deadlines may impact the

trial date; extension shall be applied for by contradictory motion. The intent of this order is

to lend the assistance of the Court in preparing the case for trial so that it may be resolved

with reasonable dispatch.

10. All subpoenas shall be ordered with proper instructions and addresses, on or before

15 days prior to trial date. Any witness not properly subpoenaed may testify if the

witness voluntarily appears; however, the court will not compel the attendance nor

grant any relief for non-attendance. Any witness properly subpoenaed who cannot

appear at trial is to be deposed and the transcript of the deposition filed of record

before the date of trial. Continuance will not be granted for the failure to comply

with this provision.

11. The parties shall exchange and submit will call witness lists 15 days prior to trial, on

_____________________.

12. The parties shall exchange and submit exhibit lists 15 days prior to trial, on

_____________________.

13. It shall be mandatory for all counsel to confer personally, not more than 5 days, not

less than 48 hours prior to trial in order to confect stipulations, discuss settlement of

the case and to mark, exchange and identify all physical evidence and exhibits to be

introduced at the trial. If there is disagreement to the use of any exhibit it should be

marked, and each counsel shall file a memorandum setting forth counsel’s position

on the use of the exhibit.

14. It is recommended that all expert witnesses to be used in this case should be deposed

so that the depositions may be used in the event a witness is unable to appear, or for

use in accordance with La. C.C.P. Art 1450.

15. For all depositions to be offered into evidence, the parties shall, prior to trial, meet

and agree to elimination of all irrelevant and repetitive matters and all colloquy

between counsel. In addition, the parties shall, in good faith, attempt to resolve all

objections to the testimony so that the court will be required to rule only on those

objections to which counsel cannot agree. As to all objections to the testimony which

cannot be amicably resolved, the parties shall deliver to the court, not less than three

working days prior to trial, a statement identifying the portions objected to and the

ground therefor. Proponents and opponents shall furnish the court with

appropriate statements of authorities in support of their positions as the proposed

testimony. Failure to do so may result in sanctions or refusal by the court to permit

their use.

IF A PARTY’S ATTORNEY FAILS TO OBEY A PRE-TRIAL ORDER, OR TO

APPEAR AT THE PRE-TRIAL AND SCHEDULING CONFERENCE, OR IS

SUBSTANTIALLY UNPREPARED TO PARTICIPATE IN THE CONFERENCE

OR FAILS TO PARTICIPATE IN GOOD FAITH, THE COURT, ON ITS OWN

MOTION OR ON THE MOTION OF A PARTY, AFTER HEARING, MAY MAKE

SUCH ORDERS AS ARE JUST, INCLUDING ORDERS PROVIDED IN ARTICLE

1471(2), (3), AND (4). IN LIEU OF OR IN ADDITION TO ANY OTHER

SANCTION, THE COURT MAY REQUIRE THE PARTY OR THE ATTORNEY

REPRESENTING THE PARTY OR BOTH TO PAY REASONABLE EXPENSES

INCURRED BY NONCOMPLIANCE WITH THIS PARAGRAPH, INCLUDING

ATTORNEY FEES.

New Orleans, Louisiana, on this Day of __________________, 20___.

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JUDGE REGINA BARTHOLOMEW

Attorneys: Date:

____________________________________ ______________________________

____________________________________ ______________________________

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