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 Pursuant to Rule 16(d) of the Federal Rules of Civil Procedure, a Final Pretrial Conference shall be held on Friday, November 4, 2005 at 3:30 p.m. in Courtroom 504, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2154. The Court directs defense counsel to make arrangements with the Charles Hayes, ) ) ) Plaintiff(s), ) ) v. ) Maricopa County Sheriff's Office, et. al., ) ) Defendant(s). ) ) CV03-2550- PHX NVW IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

ORDER SETTING FINAL PRETRIAL CONFERENCE

Department of Corrections to arrange for Plaintiff to appear telephonically at the above time. In preparation for this Final Pretrial Conference, it is hereby Ordered: 1. The attorneys who will be responsible for the trial of the case shall attend the

Final Pretrial Conference. 2. The parties jointly shall prepare a Proposed Final Pretrial Order and shall lodge

it with the Court no later than 4:00 p.m. on October 14, 2005. Preparation and lodging of the Proposed Final Pretrial Order in accordance with the requirements of this Order shall be deemed to satisfy the disclosure requirements of Rule 26(a)(3) of the Federal Rules of Civil Procedure. The parties shall submit a copy of the Proposed Final Pretrial Order to the Court in WordPerfect® 9.0 format either by email to [email protected] or on an
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IBM-compatible computer disk. 3. The Proposed Final Pretrial Order shall include the information prescribed in

the Joint Proposed Final Pretrial Order form found at www.azd.uscourts.gov under Judges & Courtrooms/Orders, Forms and Procedures/Judge Wake. Information shall not be set forth in the form of a question, but shall be presented in concise narrative statements. 4. Pursuant to Federal Rule of Civil Procedure 37(c), the Court will not allow the

parties to offer any exhibit, witness, or other evidence that was not disclosed in accordance with the provisions of this Order and the Federal Rules of Civil Procedure and listed in the Proposed Final Pretrial Order, except to prevent manifest injustice. 5. The parties shall exchange drafts of the Proposed Final Pretrial Order no later

than 7 days before the submission deadline. The Plaintiff(s) shall have the burden of initiating communications concerning the Proposed Final Pretrial Order. 6. The parties shall (a) number and mark exhibits in accordance with the

instructions found in Exhibit Marking Instructions at www.azd.uscourts.gov under Judges & Courtrooms/Orders, Forms and Procedures (such numbers shall correspond to exhibits numbers listed in the Proposed Final Pretrial Order); (b) meet in person and exchange marked copies of all exhibits to be used at trial no later than 7 days before the submission deadline for the Proposed Final Pretrial Order (any exhibit not marked and exchanged at this meeting shall be precluded at trial); and (c) eliminate any duplicate exhibits while meeting to exchange exhibits. 7. The parties shall file and serve all motions in limine no later than October 14,

2005. Responses to motions in limine shall be filed on or before October 28, 2005. No replies will be permitted. Each motion in limine shall include proposed language for the order in limine being sought from the Court, and the proposed language shall state with precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. Counsel shall be prepared to argue the merits of such motions at the Final Pretrial Conference.
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8.

If this case will be tried to a jury, the parties shall complete the following tasks

by the time of the lodging of the Proposed Final Pretrial Order: (a) (b) The parties shall file a stipulated description of the case to be read to the jury. The parties shall jointly file a proposed set of voir dire questions. The voir dire

questions shall be drafted in a neutral manner. To the extent possible, the parties shall stipulate to the proposed questions. If the parties have any disagreement about a particular question, they shall state the reason for their objection below the question. The parties shall also provide, for the purposes of voir dire, a joint master list of the names of every witness who may be called at trial. (c) The parties shall file proposed jury instructions in accordance with "Guidelines

for Jury Instructions in Civil Cases" found at www.azd.uscourts.gov under Judges & Courtrooms/Orders, Forms and Procedures/Judge Wake. (d) Each party shall file a proposed form of verdict, including any proposed special

verdict forms or juror interrogatories. (e) The joint statement of the case, proposed voir dire questions, proposed jury

instructions, and forms of verdict shall be submitted in WordPerfect® 9.0 format either by email to [email protected] or on an IBM-PC compatible disk. 9. If the case will be tried to the Court, each party shall lodge proposed findings

of fact and conclusions of law with the Proposed Final Pretrial Order. The proposed findings of fact and conclusions of law shall also be submitted in WordPerfect® 9.0 format either by email to [email protected] or on an IBM-compatible computer disk. 10. The parties shall be prepared to advise the Court at the Final Pretrial

Conference of the status of settlement discussions. Should settlement be reached at any time, the parties promptly shall file a Notice of Settlement with the Clerk of the Court. 11. Counsel shall review Judge Wake's statement of Trial Conduct and Decorum

before the Final Pretrial Conference. A copy can be found on the Court's website at

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www.azd.uscourts.gov under Judges & Courtrooms/Orders, Forms and Procedures/Judge Wake. 12. Full and complete compliance with this Order shall be required by the Court.

DATED this 15th day of September, 2005.

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