Free Trial Management Order - District Court of Delaware - Delaware

Case 1:04-cv-01282-JJF Document 182 Filed 10/11/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AES PUERTO RICO, L.P., :
Plaintiff, ;
v. E Civil Action No. 04-1282-JJF
ALSTOM POWER, INC., E
Defendants. i
TRIAL MANAGEMENT ORDER
Trial in this matter will commence on Monday, October
16, 2006, at 9:30 a.m. The Court has reviewed the Proposed
Pretrial Order, specifically the witness and exhibit lists
submitted by each side and issues of fact to be litigated. 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.
1. Time
(a) Plaintiff is allocated twenty—two (22) hours
in court trial time for opening statement, direct and cross
examinations, and argument on evidence issues.
(b) Defendant is allocated twenty—two (22) hours
in court trial time for opening statement, direct and cross
examinations, and argument on evidence issues.
(c) Closing arguments are not included in the time
allocations.
(d) The trial schedule is as follows:
Monday, October 16, 2006 — 9:30 a.m. to 12:30 p.m.

Case 1:04-cv-01282-JJF Document 182 Filed 10/11/2006 Page 2 of 4
— 1:30 p.m. to 4:30 p.m.
Tuesday, October 17, 2006 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 4:30 p.m.
Wednesday, October 18, 2006 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 4:30 p.m.
Thursday, October 19, 2006 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 4:30 p.m.
Friday, October 20, 2006 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 4:30 p.m.
Monday, October 23, 2006 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 4:30 p.m.
Tuesday, October 24, 2006 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 4:30 p.m.
Wednesday, October 25, 2006 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 4:30 p.m.
Thursday, October 26, 2006 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 4:00 p.m.
— 4:15 p.m. Jury Instruction
Conference
Friday, October 27, 2006 — 9:30 a.m. Closing Arguments
2. 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

Case 1:04-cv-01282-JJF Document 182 Filed 10/11/2006 Page 3 of 4
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
witness.
3. Jury Instructions
On or before Monday, October 23, 2006, parties
shall submit Joint Proposed Jury Instructions and Verdict Form,
on disk in WordPerfect Format.
Where differences between the parties exist, the
submissions must outline each party's proposal.
4. 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 should avoid requesting “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 whenever the jury enters

Case1:O4-cv-01282-JJF D0cument182 Fi|ed10/11/2006 Page40f4
or exits the courtroom.
(e) Counsel shall stand whenever he or she speaks
in the courtroom.
(f) Food and beverages, other than the water
provided by the Court, are not permitted in the Courtroom at any
time.
October 1} , 2006 ` , , AA ,,
DATE ®TED" STA ES DISTRI ` J DGE