Free Trial Management Order - District Court of Delaware - Delaware

Case1:O6-cv-OOSSGRFJJFRR Document 62 Fi|ed11/O2/2007 Page10f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALICE WALKER and :
GERALD H.E. WALKER, ;
Plaintiffs, i
v. E C.A. No. 06—366—JJF
CITY OF WILMINGTON, CITY OF ;
WILMINGTON POLICE DEPARTMENT, :
OFFICER SHAWN GORDON, :
OFFICER MICHAEL BALLARD, and :
OFFICER KAREN BUHRMAN :
Defendants. E
TRIAL MANAGEMENT ORDER
Trial in this matter is scheduled to commence on
Tuesday, November 6, 2007 at 9:30 a.m. The Court has reviewed
the Proposed Pretrial Order, specifically the witness and exhibit
list submitted by each side. Based on this review, the Court has
determined that the following schedule and procedures will allow
for an efficient and fair presentation of each party’s case.
l. Time. The Court will keep a running total of trial
time used by counsel.
(a) Plaintiff is allocated seven and a half (7.5)
hours for opening statement, direct and cross examinations, and
argument on evidence issues.
(b) Defendant is allocated eight and a half (7.5)
hours for opening statement, direct and cross examinations, and
argument on evidence issues.

Case 1:O6—cv-00366—JJF- nnnl _f)ocument 62 Filed 11/02/2007 Page 2 0f 4
(c) Closing arguments are not included in the time
allocations.
(d) The trial schedule is as follows:
Tuesday, November 6, 2007 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 3:00 p.m.
Wednesday, November 7, 2007 - 9:30 a.m. to 5:00 p.m.
Thursday, November 8, 2007 — 9:30 a.m. to 5:00 p.m.
Friday, November 9, 2007 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 5:00 p.m.
2. Opening Statement. No argument of counsel is
permitted in the Opening Statement. Counsel may object if
opposing Counsel provides argument during Opening Statement.
3. Witnesses
In accordance with Fed. R. Civ. P. 611 (a) the
examination of witnesses will be conducted as follows:
(a) Counsel shall not offer testimony or exhibits
that are duplicative or cumulative.
(b) Each witness is subject to direct, cross and
re—direct examination. No further examination is permitted.
(c) Rebuttal witnesses will be permitted only if:
(i) called by a party with the burden of proof
and noticed in the Pre—trial Order.
(ii) such a witness is necessary to avoid an
injustice and cause is established.
(d) One lawyer per party is permitted to examine a
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witness.
4. Demonstrative Exhibits. Unless otherwise agreed by
the parties, demonstrative exhibits are marked for identification
but not admitted into evidence.
5. Jury Notes. Unless otherwise indicated, the Court
will provide the jury with paper and pens for notetaking.
6. Jury Instructions. Parties shall submit Final
Proposed Jury Instructions on disk in WordPerfect Format by no
later than 5:00 p.m. on Monday, November 5, 2007.
7. Courtroom Demeanor
(a) Counsel may use the podium at his or her
discretion.
(b) The Court does not conduct sidebar
conferences. If a matter needs to be addressed outside the
hearing of the jury, counsel shall bring it to the Court's
attention at the conclusion of the trial day.
(c) Counsel shall not request “read backs" by the
Court Reporter; however, if a read back is believed necessary,
counsel shall address the request to the Court.
(d} Counsel shall stand when speaking.
(e) When the Court recesses, counsel and the
parties shall remain in place until the Court and Jury have
exited the Courtroom.
(e) Food and beverages (including bottled water),
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other then the water provided by the Court, ere not permitted in
the Courtroom at any time.
November 2, 2007 ‘ — ,a%€2L¢z%4·
Umggtm S ATES DISTRICT ELUDGE
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