CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA DIVISION ?· 2018-03-07 · CIVIL…

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  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    DIVISION I-SECTION 14

    TRIAL ORDER

    Counsel certifies that all potential parties have been served and answered and that there are no

    other cases to be consolidated. Once a trial date is selected, no supplemental and amending

    pleadings or incidental demands will be allowed.

    The deadlines set forth in this order may only be extended by agreement of all counsel and by

    filing a motion to extend the cut-off date, or by contradictory motion. Parties agree that defendant

    has not been served and opt to select trial date.

    WITNESSES

    Plaintiff shall file his witness list on or before 12 weeks prior to trial date.

    Defendant shall file his witness list on or before 10 weeks prior to trial date.

    Each party shall file a copy of his witness list with the Court and shall mail a copy to his

    opponent 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 witness

    unless he has previously been interviewed and retained. Extension of the deadline for

    expert and impeachment witnesses may be requested in writing at least one week

    prior to the respective deadline.

    Expert reports: See LA. CCP Article 1425 (C)

    In absence of an order from the Court or stipulations of the parties, the expert

    reports shall be made at least ninety (90) days prior to the trial date, or, if the

    report is intended solely to rebut evidence of another partys expert, within thirty

    (30) days after the other partys expert report is submitted.

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

    30 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 properly subpoenaed witnesses who

    cannot appear at trial are to be deposed and the transcript of that deposition shall be

    filed in the record prior to the date of trial.

    RULES TO SHOW CAUSE

    All motions and exceptions shall be filed on or before 7 weeks prior to trial date.

    Motions in Limine: Must be filed at least 72 hours before trial, inclusive of weekends and

    holidays.

    Daubert Hearings: Motions for hearings to determine expert witness qualifications shall

    be filed not later than 8 weeks prior to trial date; the motion shall be ruled on not later than 4

    weeks prior to trial date.

    Summary judgments MUST be filed at least 65 days before trial so that they can be

    disposed of at least 20 days prior to the trial as required by law.

    1. Hearings must be SET at least 30 days prior to trial,

    2. Opposition memos must be filed at least 15 days prior to hearing, and

    3. Reply memos must be filed at least 5 days prior to hearing.

  • CONFERENCE

    All counsel shall confer personally not more than 10 days nor less than 48 hours prior to trial in

    order to confect stipulations, discuss settlement and to mark and exchange all exhibits. A list of

    these exhibits shall be filed with the Court. If there is disagreement as to the use of any exhibit,

    the exhibit should be marked 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

    to participate. Failure to confer may result in the exclusion of exhibits, refusal of the court to try

    the case or other sanctions. The failure of either counsel to cooperate should be reported to the

    court.

    DISCOVERY

    All discovery is to be completed on or before 8 weeks prior to trial date.

    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

    medical examinations and updates must be received by opposing counsel at least 10 days prior to

    the discovery cut-off. Medical evidence obtained after the discovery cut-off will be inadmissible.

    Quantum

    Non-Jury Trials

    All parties are required to submit a Quantum Study, proposed judgments and proposed findings of fact 48 hours in advance of the trial date. If the trial is set for

    Monday, the report is due on the preceding Friday.

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

    TRIAL This case is set for trial based on the assertions made by counsel. The trial will be conducted based

    on the information produced from the listing of witnesses, from discovery, from the status of the

    case at the conclusion of discovery and from the exhibits and physical evidence exchanged and

    marked at the conference prior to trial.

    This is a bench/jury trial. If a jury order is signed after the issuance of the trial date, counsel shall

    notify the court for further instructions pertaining to jury trials.

    The trial of this matter will last ___ days. If the case cannot reasonably be completed in this time,

    the court may discontinue the trial or may refuse to try the case. This case is fixed for trial on the

    merits on the day of at 9:00 AM. A pre-trial conference will be conducted on the morning of

    trial. Attorneys are to sign in on the docket in the courtroom upon arrival. Any matter which may

    cause delay of the trial shall immediately be called to the attention of the Court.

    Any objections to this trial order shall be made within 7 days of receipt of this order. Receipt shall

    be deemed 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 , 201.

    ` ___________________________________

    Sharon Carter Sheridan

    By order of Judge Piper D. Griffin

  • 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 the

    event that the witness is unable to appear, or in accordance with LSA C.C.P. art. 1450. For

    depositions to be offered into evidence, the parties shall meet prior to trial and agree to the

    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 testimony so that the court will be

    required to rule only on those objections to which counsel cannot agree.

    As to all objections which cannot be amicably resolved, the parties shall deliver to the court, not less

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

    therefor. Proponents and opponents shall furnish the court with appropriate statements of

    authorities in support of their positions.

    JURY INSTRUCTIONS

    The parties shall submit joint jury instructions and joint jury interrogatories to the court

    seven calendar days prior to trial (e-mail, CD or jump drive). To accomplish this, the parties

    shall serve their proposed instructions and interrogatories upon each other two weeks prior to trial.

    The parties shall then meet, confer, and submit to the court joint jury charges and interrogatories.

    As to instructions and interrogatories to which the parties cannot agree, each party shall submit a

    supplemental set of his or her proposed charges and interrogatories.

    Written objections to an opponents proposed charges and interrogatories shall include citation to

    authority and shall be submitted to the court not less than two working days prior to trial. Where

    applicable, the objecting party shall submit an alternative instruction or interrogatory related to the

    particular subject or principle of law.

    On the day of trial, each party may submit a concise written argument in support of his or her

    proposed instructions 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. Any

    witness 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

    may include the striking of depositions, instructions or the jury order.

  • CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

    STATE OF LOUISIANA

    DIVISION I-SECTION 14

    JURY DEPOSIT ORDER PURSUANT TO LA. C.C.P. art. 1734.1

    Demand for trial by jury having been made herein,

    IT IS ORDERED that the party requesting a jury trial shall make a cash deposit with the

    Clerk of Court in the amount of $2,000.00 for the first day of trial and $400.00 for each additional

    day the trial is expected to last. This sum shall be deposited no later than thirty (30) days prior to

    trial*. Trial is set for the day of , 201 .

    In the event the case is resolved without the necessity of proceeding to trial by jury, the party

    depositing the funds shall receive a refund of this deposit as follows:

    All funds less $1500 shall be refunded, only if the Court is notified, in writing, 30

    (thirty) days in advance of the trial, indicating that the case is resolved or will

    proceed to a trial by judge;

    If the case settles within the dates the trial was scheduled to proceed, the Court

    shall cast the party requesting the jury an additional $320 in jury costs.

    If the case proceeds to trial by jury, the remaining funds on deposit shall be used to

    pay all jury costs. The court may require an additional deposit for costs as

    needed.

    The above deposit schedule only applies to the calling of a standard venire. In the

    event that the case requires more potential jurors because of the length of the case

    or other factors, the court may require additional costs to be posted.

    This Order supersedes any prior Jury Order issued in the matter. The Court certifies that a

    copy of this Order has been served upon all counsel of record and/or parties by hand delivery or by

    mail.

    New Orleans, Louisiana, this day of , 2017.

    _____________________________

    Judge Piper D. Griffin

    *EXCEPTION: STATE OF LOUISIANA IS NOT REQUIRED TO PAY DEPOSIT

    PRIOR TO TRIAL

    Adopted: May 6, 2014

    Effective: June 1, 2014

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