Circuit and Superior Courts

Circuit and Superior Courts

INDIANA COMMERCIAL COURT

STATE OF INDIANA)IN THE ______SUPERIOR COURT

) SS:

COUNTY OF ______)CAUSE NO. ______

)

Plaintiff,)

)ORDER SETTING AND GOVERNING

vs.) JURY TRIAL

)

)

Defendant.)

  1. Plaintiff appears by attorney ______. Defendant ______appears by attorney . Defendant ______appears by attorney . A Pre-Trial Conference is conducted on ______, 2016. The Court now issues this Order Governing Trial.
  1. All dispositive motions must be filed by , 2016. –OR-No dispositive motions shall hereafter be considered by the Court in this case.
  1. Expert Disclosures:

4.1Plaintiff shall disclose his/her/their expert witnesses and the content of the expert reports to Defendant by , 2016.

4.2Defendant shall disclose his/her/their expert witnesses and the content of the expert reports to Plaintiff by , 2016.

  1. All motions to exclude testimony for any reason, including, but not limited to, objections under I.R.E. 702(a) and/or I.R.E. 702(b) shall be filed by close of Court ______, 2016. A Motion in Limine shall not be used in lieu of a motion to exclude under I.R.E. 702(a) or 702(b).

Modified 5/31/16

  1. Witness and exhibit lists shall be exchanged and filed with the Court by close of Court ______,2016. Failure to comply with the witness and exhibit exchange order will preclude presentation of such witnesses and exhibits at trial upon objection of opposing counsel. Each party shall, with specificity, identify the witnesses and exhibits to be presented. No generic descriptions:Descriptions such as “medical provider,” “expert witness,” “character witness,” “investigating police officer,” and “independent medical examiner,” do not comply with the provisions of this paragraph. The Court contemplates that, at the very least, a name, address and telephone number, if available, will be provided at the time of the witness and exhibit exchange date.
  1. Discovery shall be completed by close of Court ______,2016.
  1. Motions in limine, proposed final jury instructions, agreed Issue Instruction (which the Court will likely incorporate into its Preliminary Jury instructions, and use in lieu of Mini Opening Statements), and final pretrial order shall be filed by close of Court on , 2016.
  1. Electronic Submission of Final Jury Instructions and Issue Instruction. Counsel for the parties are Ordered to review their opponent’s filed final jury instructions and forms of verdict, and indicate in writing to the Court their agreement and objections thereto by , 2017. By close of Court , 2017, counsel shall jointly submit all agreed final instructions in a single file, electronic format (Microsoft Word), and counsel shall also then submit tendered but objectionable instructions in separate files, electronic format (Microsoft Word). Also by , 2017,the parties shall email their agreed Issue Instruction. These all shall be emailed to ______.Citations for all final instructions are required.
  1. A Final Pre-trial Hearing is scheduled for ______, 2017, at ______ in Room 317.
  1. Depositions in lieu of live testimony shall be concluded by , 2017.
  1. This matter is set for a first trial setting to the Jury for ______days, commencing on ______, 2017. Trial shall begin at 9:00 a.m. each day.
  1. Counsel may request from Trish Gratz, Court Reporter, a copy of the Court’s Preliminary Jury Instructions no sooner than one (1) week prior to the Final Pre-trial Hearing.
  1. All counsel who will be litigating this matter are Ordered to appear at the final pretrial hearing. Motions in limine, jury instructions, final pretrial order, all pending matters, and trial procedure will be discussed and ruled upon at that time.
  1. Late filings will not be accepted. Pleadings are deemed filed upon delivery to the office of the presiding Judge. Because of the volume of mail received by the Clerk’s office and critical nature and timing of deadlines contained in this Order, counsel and parties cannot be certain of receipt of pleadings by the Court via U.S. mail. The Court will accept courtesy copies of all pleadings on or before the due date. These courtesy copies may be sent by either facsimile (260.449.4122) or e-mail with the original being filed with the Clerk’s Office.
  1. No removals or continuances of any settings or deadlines shall be permitted without prior Court approval.

_____, 2016

JUDGE

MANNER OF NOTICE:

( X )WITH COPY PURSUANT TO T.R. 72 TO BE SERVED BY:

X COURT CLERK OTHER:

PROOF OF NOTICE UNDER TRIAL RULE 72(D)

A copy of this entry was served, either by mail to the address of record, deposited in the Attorney's distribution box, or personally distributed to the persons and/or filed as listed below:

Court Packet - 2

DATE OF NOTICE:

INITIALS OF PERSON WHO NOTIFIED PARTIES: COURT

Modified 5/31/16

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