CIVIL DISTRICT COURT FOR THE PARISH OF Order.pdfcivil district court for the parish of orleans state of louisiana ... motion or on the motion of a party, after hearing, may make such orders as are just, ...

Download CIVIL DISTRICT COURT FOR THE PARISH OF   Order.pdfcivil district court for the parish of orleans state of louisiana ... motion or on the motion of a party, after hearing, may make such orders as are just, ...

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  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    NO. DIVISION B SECTION 3

    ________________________________

    VERSUS

    _________________________________

    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 counsels 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 PARTYS 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___.

    ____________________________________

    JUDGE REGINA BARTHOLOMEW

    Attorneys: Date:

    ____________________________________ ______________________________

    ____________________________________ ______________________________

    ____________________________________ ______________________________

    ____________________________________ ______________________________

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