Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED that the jury trial in this matter shall commence on Tuesday, August 7, 2007, at 9:00 a.m., in the United States District Court, Courtroom 601, 401 W. Washington Street, Phoenix, Arizona. (9) days. IT IS FURTHER ORDERED that each party shall file a trial brief no later than Monday, July 23, 2007. all significant disputed issues of The trial brief shall raise law and fact, including The maximum length of the trial shall be nine vs. Omron Corporation, Defendant. Hypercom Corporation, Plaintiff, ) ) ) ) ) ) ) ) ) ) No. CV 04-400 PHX PGR ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

foreseeable procedural and evidentiary issues, and shall set forth the party's positions thereon with supporting arguments and

authorities. IT IS FURTHER ORDERED that the parties shall file their proposed voir dire questions and proposed jury instructions,

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together with proposed forms of verdict for each count of the complaint, including special interrogatories, if applicable, no

later than Monday, July 23, 2007. Proposed jury instructions shall be filed in compliance with LRCiv 51.1, AS MODIFIED BY THE ATTACHED EXHIBIT SETTING FORTH THE COURT'S ADDITIONAL INSTRUCTIONS FOR SUBMITTING JURY INSTRUCTIONS. IT IS FURTHER ORDERED that counsel shall follow the procedures for marking exhibits, as is indicated in the attached Exhibit preparation list. Counsel are advised that the instructions for submitting jury instructions must be followed. IT IS FURTHER ORDERED that the Court has set a final Pretrial Conference for Monday, July 30, 2007, at 2:30 p.m., in Courtroom 601, Phoenix, Arizona DATED this 23rd day of May, 2007.

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REQUIREMENTS FOR SUBMITTING CIVIL JURY INSTRUCTIONS IN JUDGE ROSENBLATT'S COURT:

Counsel are warned that improper submission of jury instructions will result in the striking of same.
Counsel to use only 2001 Ninth Circuit Model Civil Jury Instructions, together with any amendments thereto. INSTRUCTIONS FOR E-FILING JURY INSTRUCTIONS WITH THE CLERK OF THE COURT: Counsel to e-file the following: · Jury Instructions with no modifications: If a Ninth Circuit model instruction has no modifications, list only that instruction number and instruction title. Requested/Modified Jury Instructions: If a Ninth Circuit model instruction has a blank, that information must be filled out, in bold, by Counsel, unless it is information that cannot be filled out until the Judge and Counsel go over jury instructions at close of trial. ­ In any event, that modified instruction must now be part of Counsel's requested instructions and must be numbered as such.* ­ If a Ninth Circuit model instruction has been modified,* counsel must type such modification in bold, such that the Court can easily determine which portion of the instruction is the standard, and which portion has been modified. ­ If a Ninth Circuit model instruction has been modified,* counsel must submit each modified instruction on its own page.

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* Any model instruction which has been modified will be considered a "requested instruction" and must be numbered in a consecutive pattern.

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EXHIBIT TO ORDER
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INSTRUCTIONS FOR E-MAILING JURY INSTRUCTIONS DIRECTLY TO CHAMBERS E-MAILBOX: Counsel shall e-mail (the subject line of the e-mail shall contained the case number and case name) directly to the Chambers e-mailbox ([email protected]) a "CLEAN COPY" of all modified/requested jury instructions, NO LATER THAN THE DATE INDICATED IN THE TRIAL ORDER, in accordance with the following instructions:

Clean Copy of Modified/Requested Jury Instructions:
· The CLEAN COPY shall be: · In WordPerfect versions 7 or 9, Windows 98, or 2000, or WordPerfect compatible format. No .pdf documents will be accepted; In COURIER 12pt. font; In NON-CAPITALIZED, DOUBLE SPACED TEXT, with FIVE-SPACE TAB INDENTATION; and Only ONE instruction per page.

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13 · 14 15 16 17 18 · 19 20 21 22 23 24 25 26 27 28 - 2 Case 2:04-cv-00400-PGR Document 218 Counsel must also e-file to the Chambers e-mailbox a clean copy of each and every complete RAJI instruction in accordance with the above instructions under the section: "INSTRUCTIONS FOR EMAILING JURY INSTRUCTIONS DIRECTLY TO CHAMBERS E-MAILBOX." EACH AND EVERY requested RAJI instruction, including its title, its number, and its text. Revised Arizona Jury Instructions (RAJI): IF COUNSEL ARE REQUESTING RAJI, COUNSEL MUST E-FILE TO THE CLERK OF COURT THE FOLLOWING: The CLEAN COPY shall not have any bolding, titles, cites, instruction numbers, pagination, letterhead markings, or similar notations signaling which party submitted them.

ANY QUESTIONS, PLEASE CALL JUDGE ROSENBLATT'S CHAMBERS - 602-322-7510.

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EXHIBITS - MARKING, LISTING AND CUSTODY for United States District Court Judges JUDGE PAUL G. ROSENBLATT GENERAL INSTRUCTIONS:

Marking and listing of exhibits is the responsibility of counsel, not the courtroom deputy, and shall be delivered to the courtroom deputy the day of trial/hearing unless directed otherwise. Counsel are
required to use the adhesive labels and/or cover sheets as described herein. Counsel shall also prepare the exhibit worksheet and witness list and provide them to the courtroom deputy in triplicate (1 original and 2 copies) along with the exhibits. During trial/hearing, please be prepared to advise the courtroom deputy in advance which exhibits will be needed for each witness. If you need a format in which to prepare the exhibit and witness lists, please refer to the district court's website at www.azd.uscourts.gov and access "Operations & Filing," "Forms," "Judges & Courtroom," and then "Orders, Forms & Procedures." Counsel are to FAX at least one day prior to trial/hearing their witness list, a list of medical and technical terms, and terms specific to the case to FAX # (602)322-7239 Attention: Court Reporter.

USE OF LABELS/COVER SHEET: 1. Exhibit cover sheets and labels are divided by color to indicate whether the exhibit is offered by plaintiff (YELLOW) or defendant (BLUE). 2. Exhibit cover sheets are provided to counsel by the courtroom deputy for the purpose of numbering and labeling exhibits PRIOR to trial. Exhibit cover sheets shall be copied on yellow or blue paper and used in cover sheet fashion to identify standard sized paper exhibits. The cover sheet shall be stapled to the top of the original exhibit, and the exhibit shall be placed in a manilla folder number to correspond with the exhibit number. Prepare extra cover sheets and provide extra manilla folders to use for exhibits marked during trial. 3. If the exhibit is a photo, STAPLE the photo to the exhibit cover sheet.

4. Large or bulky items may require the use of tie tags with an exhibit label placed on a tag or may be marked in a logical location on the item or on the plastic bag containing the item. 5. Large charts should be identified in the lower right hand corner with an exhibit label. If the item is an enlargement of another marked exhibit, it should be numbered as a sub-part of the smaller exhibit.

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NUMBERING: 1. Plaintiff starts with number 1 through the estimated number of exhibits. Defendant is to utilize numbers starting after plaintiff but allowing space for additional exhibits marked during trial (example: Plaintiff 1-80 and Defendant 100-__). Failure to comply with this directive will result in exhibits being remarked by counsel. 2. Plaintiff and defense counsel shall consult with one another prior to marking exhibits to AVOID MARKING DUPLICATES. If plaintiff marks a document, the defendant should not mark the same document. The exhibits are considered court exhibits, not plaintiff or defendant. Either side may move the other's exhibits into evidence. 3. Use NUMBERS ONLY except when identifying sub-parts (e.g. 3a, 3b, 3c). If the sub-parts total more than a - z for a single exhibit, do not use letters; instead commence with another number (e.g. 4a, 4b, 4c). Categorizing exhibits should be kept as simple and clear as possible. For the most part, USE NUMBERS. 4. Multiple-page exhibits should be stapled or ACCO fastened; please do not use paper or binder clips or rubber bands. If submitted in this fashion, counsel will be handed back said exhibit to be then submitted either stapled or ACCO fastened. Regarding bulky documents, BATES stamp numbers may be placed on each page and shall be continuously numbered for easy reference. 5. Blocks of numbers may be used to categorize exhibits (e.g. series 1-99 are bank records; series 100-199 are tax returns; series 200-299 are photographs, etc.) USE OF FOLDERS: 1. Place exhibits loose in folders so that the exhibit may be pulled out of the folder during trial. DO NOT attach the exhibit to the file folder. Label the top of the folder to identify the exhibit. Provide extra folders to the courtroom deputy for exhibits marked during trial. 2. Place the exhibit folders in a box in numerical order. Mark the outside of the box as to what exhibits are contained therein. Leave room in the box for any extra exhibits that may be submitted during trial. 3. DO NOT PLACE TRIAL EXHIBITS IN BINDERS except when the binder is considered ONE exhibit. Mark the binder with an exhibit label in the lower right hand corner. The judge's copies of exhibits are to be placed in binders and tabbed. The judge's copies should not have original exhibit cover sheets on them.

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EXHIBIT LISTS: 1. Exhibits may be listed on the exhibit list provided or reproduced on a word processor, as long as it follows the same format. The form is selfexplanatory. Be sure to leave enough SPACE at the end of the list to add additional exhibits. The Judge Code to be reflected on this list is 7017. Each page should be completed to the end with blank blocks. Extra blank pages would be appreciated for both the exhibit and witness lists. The exhibit number and description should be started at the top of each block. 2. Provide the courtroom deputy with the original and two copies of the exhibit list with the exhibits. Counsel are not to provide the courtroom clerk with the Pretrial Order (civil cases) in lieu of the exhibit list. WITNESS LISTS: 1. Witness names shall be listed on the witness list provided or the witness list may be reproduced on a word processor so long as it follows the same format. The Judge Code to be reflected on this list is 7017. Please provide the full name of each witness and list them in alphabetical order. Names should be at the top of the block and extra spaces should be left at the end of the list. This is helpful when names have to be added that are not on the list. Counsel are not to provide the courtroom clerk with the Pretrial Order (civil cases) in lieu of the witness list. 2. Provide the courtroom deputy with the original and two copies of the witness list along with the exhibits. SENSITIVE EXHIBITS: The courtroom deputy will not take custody of any sensitive exhibits. During lengthy breaks and at the close of each day, these exhibits are returned to the government (usually the agent) until court resumes. Pursuant to General Order 98-07 dated July 30, 1987: "The arresting or investigative agency or designated shall retain custody of sensitive exhibits prior to, after trial. Sensitive exhibits shall include drugs paraphernalia, guns and other weapons, money and any designated as sensitive by the Court." IMPEACHMENT EXHIBITS: 1. Impeachment exhibits are given to the courtroom deputy the first day of trial, not the day a witness testifies, in a SEALED envelope. The envelope should be marked with the caption of the case and shall identify the party presenting the exhibits. If there is more than one exhibit in the 3 Document 218 representative throughout and and drug other exhibits

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envelope, mark each one with a SEPARATE NUMBER so you (and the clerk) will be able to identify it. Identify these exhibits with a numbering system of your own for easy retrieval, and the courtroom deputy will assign the next available number when the exhibit is used. STIPULATED EXHIBITS: In civil trials, parties may agree on most of the exhibits prior to trial and as listed in the Pretrial Order. Counsel may give the courtroom deputy a list of the stipulated exhibits to be marked in evidence before moving for their admission. In criminal trials, stipulated exhibits usually come in one at a time during the course of trial. DEPOSITIONS: Depositions ARE NOT to be marked as exhibits. Identify them by party (so they will be returned to the correct party after trial), place them in alphabetical order and give them to the courtroom deputy the morning of trial.

MEDICAL OR TECHNICAL TERMS: Provide a list of medical or technical terms for the court reporter prior to the trial commencing (please refer to Page 1, Paragraph 1).

RETURN OF EXHIBITS 1. Pursuant to LRCiv79.1(a), all exhibits are returned to respective parties for them to keep custody pending all appeals. If the exhibits are not retrieved by counsel within 30 days of the Notice of Return of Exhibits issuing, pursuant to LRCiv79.1(a) the clerk may destroy or otherwise dispose of those exhibits. 2. Usually, trial exhibits are returned immediately to respective counsel upon conclusion of trial. Counsel will sign for returned exhibits. When a case is taken under advisement and a verdict or court ruling issues at a later date, a separate order will follow directing counsel to retrieve the exhibits from the courtroom deputy. If you have any questions or need more exhibit labels, please do not hesitate to call or e-mail. Traci Abraham Courtroom Deputy (602) 322-7225 [email protected] 4 Document 218

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