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Jury Trial Order (Division I) - Louisiana
| Jury Trial Order (Division I) Form. This is a Louisiana form and can be used in Trial Civil District Court Orleans Local Parish . |
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CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA DIVISION I TRIAL ORDERGENERAL Counsel certifies that all potential parties have been served and answered and that there are no othercases to be consolidated. Once a trial date is selected, no supplemental and amending pleadings orincidental demands will be allowed. The deadlines set forth in this order may only be extended by agreement of all counsel and by filing amotion to extend the cut-off date, or by contradictory motion.WITNESSES 1. Plaintiff shall file his witness list on or before (10 weeks prior to trial .2. Defendant shall file his witness list on or before (8 weeks prior to trial). 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. 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 3. All motions and exceptions shall be filed on or before (6weeks prior to trial). Summary judgments must be disposed of at least 10 days prior to the trial.CONFERENCE All counsel shall confer personally not more than 10 days nor less than 48 hours prior to trial in order toconfect stipulations, discuss settlement and to mark and exchange all exhibits. A list of these exhibitsshall be filed with the Court. If there is disagreement as to the use of any exhibit, the exhibit should bemarked 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 toparticipate. Failure to confer may result in the exclusion of exhibits, refusal of the court to try the caseor other sanctions. The failure of either counsel to cooperate should be reported to the court.DISCOVERY 4. All discovery is to be completed on or before (30 days prior to trial).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 medicalexaminations and updates must be received by opposing counsel at least 10 days prior to the discoverycut-off. Medical evidence obtained after the discovery cut-off will be inadmissible.<<<<<<<<<********>>>>>>>>>>>>> 25. Quantum Non-Jury Trials All parties are required to submit a Quantum Study 48 hours in advance of the trial date. If the trial is set for Monday, the report is due on the preceding Friday. Parties shall submit to the Court proposed judgments and proposed findings of fact on the morning of trial. 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 onthe information produced from the listing of witnesses, from discovery, from the status of the case at theconclusion of discovery and from the exhibits and physical evidence exchanged and marked at theconference prior to trial. This is a bench/jury trial. If a jury order is signed after the issuance of the trial date, counsel shall notifythe court for further instructions pertaining to jury trials. The trial of this matter will last ___ day(s). If the case cannot reasonably be completed in this time, thecourt may discontinue the trial or may refuse to try the case. This case is fixed for trial on the merits on________ at 9:00 AM. Any matter which may cause delay of the trial shall immediately be called to theattention of the court. Any objections to this trial order shall be made within 7 days of receipt of this order. Receipt shall bedeemed 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 _________, 2003. ___________________________________ Sharon Carter Sheridan Minute Clerk, Division I<<<<<<<<<********>>>>>>>>>>>>> 3 CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA DIVISION I ADDITIONAL INSTRUCTIONS FOR JURY TRIALSDEPOSITIONS Each expert witness to be used in this case shall be deposed so that the deposition may be used in theevent that the witness is unable to appear, or in accordance with LSA C.C.P. art. 1450. For depositionsto be offered into evidence, the parties shall meet prior to trial and agree to the elimination of allirrelevant and repetitive matters and all colloquy between counsel. In addition, the parties shall, in goodfaith, attempt to resolve all objections to testimony so that the court will be required to rule only on thoseobjections to which counsel cannot agree. As to all objections which cannot be amicably resolved, the parties shall deliver to the court, not lessthan two working days prior to trial, a statement identifying the portions objected to and the groundstherefor. Proponents and opponents shall furnish the court with appropriate statements of authorities insupport of their positions. JURY INSTRUCTIONS The parties shall submit joint jury instructions and joint jury interrogatories to the court sevencalendar days prior to trial. To accomplish this, the parties shall serve their proposed instructions andinterrogatories upon each other two weeks prior to trial. The parties shall then meet, confer, and submitto the court joint jury charges and interrogatories. As to instructions and interrogatories to which theparties cannot agree, each party shall submit a supplemental set of his or her proposed charges andinterrogatories. Written objections to an opponents proposed charges and interrogatories shall include citation toauthority and shall be submitted to the court not less than two working days prior to trial. Whereapplicable, the objecting party shall submit an alternative instruction or interrogatory related to theparticular subject or principle of law. On the day of trial, each party may submit a concise written argument in support of his or her proposedinstruct
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