CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS Order DIV E- RevisedApril 2011.pdf · civil district…

Download CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS Order DIV E- RevisedApril 2011.pdf · civil district…

Post on 01-Jul-2018

212 views

Category:

Documents

0 download

TRANSCRIPT

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    NO: DIVISION E SECTION 7

    versus

    TRIAL ORDER

    A status conference was held by telephone/in person this date to confect this Trial Order and schedule a trial

    date. Conference was conducted by ____________________, Crier for Division E.

    GENERAL

    All counsel certify that all potential parties have been served and answered and that there are no other cases to be consolidated;

    that all supplemental and amending pleadings and incidental demands have been filed, served and answered; and, that the

    deadlines imposed can reasonably be met and discovery completed in time for trial. Inability to complete discovery will not

    be considered as a grounds for continuance.

    TRIAL DATE

    This is a BENCH/JURY TRIAL

    The trial of this matter will last _____ DAYS

    Trial is scheduled on ________________________, 2011 at _______ A.M.

    PRETRIAL CONFERENCE

    The pretrial conference will be held on _____________________, 2011 at _________ A.M.

    TRIAL COUNSEL SHALL ATTEND IN PERSON

    DISTRICT COURT RULES

    The District Court Rules are enforced and govern all procedures.

    WITNESSES

    Counsel for plaintiff(s) shall file a list of all witnesses known by them within 15 days of Notice of this Order. Counsel for

    defendant(s) shall file a list of all witnesses known by them within 30 days of Notice of this Order.

    Each list shall include the names and addresses of all witnesses who may or will be called to testify at trial, including experts.

    No expert may be listed as a witness unless she/he has been interviewed previously or retained.

    Plaintiff(s) must disclose the identity their experts on or before 90 days prior to trial.

    Defendant(s) must disclose their experts by 75 days prior to trial.

    DISCOVERY DEADLINES

    Plaintiff(s) shall produce their experts= reports on or before 75 days prior to trial. Defendant(s) shall produce their experts= reports on or before 60 days prior to trial.

    The parties shall complete all discovery 45 days prior to trial.

    RULES TO SHOW CAUSE

    All rules and dispositive motions (excluding Motions in Limine) must be filed 45 days before trial. Please see Rules 9.8. 9.9

    and 9.10 of the Louisiana Rules for District Courts.

  • In addition to the requirements in the District Court Rule 9.7, all Motions and Rules should include an e-mail address for

    counsel. Any motions in Limine regarding unresolved evidentiary issues may be set for hearing prior to trial or may be listed

    on the joint pre-trial outline to be discussed at the pretrial conference.

    CONFERENCE

    All counsel shall confer in person prior to the submission of the pretrial outline to confect stipulations, discuss settlement and to

    mark and exchange all exhibits. It shall be the duty of plaintiff=s counsel to initiate this conference; however, all counsel have the duty to participate. Failure to confer may result in the exclusion of exhibits, delay in the trial of the case or other

    sanctions. The failure of either attorney to cooperate should be reported to the Court.

    JOINT PRETRIAL OUTLINE

    Plaintiff(s) and Defendant(s) SHALL FILE AND HAND DELIVER TO THE DIVISION A JOINT PRETRIAL

    OUTLINE NO LATER THAN 72 HOURS PRIOR TO THE PRETRIAL CONFERENCE. The Pre-trial Outline shall contain:

    1. The appearances of counsel and the identity of the parties represented;

    2. A description of the parties and their legal relationships, such as third-party defendant, etc.;

    3. Whether the case is a judge or jury trial. If a jury trial, a statement that this case is alleged in good faith to

    be worth more than the jurisdictional amount; and that the Jury Bond has been timely posted.

    4. A brief summary of the material facts claimed by:

    a. Plaintiff

    b. Defendant

    c. Other parties

    5. A single listing of all uncontested material facts;

    6. A single listing of contested facts;

    7. A single listing of contested issues of law, if any;

    8. A list of all witnesses each party may or will call. 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. The court will not permit any witness, expert of fact, to testify or any exhibits to be used

    unless there has been compliance with this order;

    9. A list of all exhibits. All exhibits must be marked for identification and exchanged with counsel at the

    time of the preparation of the joint pretrial outline. Any contested exhibit should be so noted;

    10. A list of all deposition testimony to be offered into evidence. All efforts must be made to eliminate

    irrelevant and repetitive deposition testimony and all colloquy between counsel. Counsel shall attempt

    to resolve all objections to testimony. All unresolved issues will be addressed at the Pretrial conference;

    11. If a jury trial, a statement that special jury charges will be submitted to the court no less than 5 working

    days prior to trial;

    12. A list of any evidentiary issues that can be resolved in advance of trial by way of a Motion in Limine.

    13. A signature line for the Court as follows:

    This Order will control these proceedings.

    Signed this _____ day of _______ at _______.

    ____________________________

    JUDGE

  • OTHER

    The deadlines set forth in this Order (other than the deadlines for filing Rules to Show Cause and/or dispositive motions) may

    be extended by agreement of all counsel only if such extension will not disrupt the trial date. Without consent, deadlines can

    only be extended by court order.

    In cases to be tried by a jury, a Jury Deposit Order is issued this date. In the event the case settles, continues, or converts to a

    non-jury trial, the Jury Deposit Order will dictate the return of any deposit.

    In judge-tried cases, it is the responsibility of the plaintiff=s attorney to fax to the Court (504-592-9340) as soon as possible notice of any settlement. The filing of a motion to dismiss is insufficient notice to the Court to remove the case from the docket.

    Settlement conferences with the Court may be requested by counsel, in writing, only after substantial discovery has taken place,

    counsel have conferred and both parties consider settlement to be a viable option.

    New Orleans, Louisiana this _____ day of __________________, 2011.

    __________________________________________

    J U D G E

    MAILED TO PARTICIPATING COUNSEL OF RECORD

Recommended

View more >