PROCEDURE FOR

CIVIL JURY TRIALS

DISTRICT COURT, DEPT XI

Audio Visual Equipment

If counsel anticipate the need for audio visual equipment during the trial, a request must be submitted to the District Courts AV department following the calendar call. You can reach the AV Dept at 671-3300 or via E-Mail at

Depositions

All original depositions anticipated to be used in any manner during the trial must be delivered to the clerk prior to the final Pre-Trial Conference. If deposition testimony is anticipated to be used in lieu of live testimony, a designation (by page/line citation) of the portions of the testimony to be offered must be filed and served by facsimile or hand, two (2) judicial days prior to the final Pre-Trial Conference. Any objections or counterdesignations (by page/line citation) of testimonymust be filed and served by facsimile or hand, one (1) judicial day prior to the final Pre-Trial Conference commencement. Counsel shall advise the clerk prior to publication.

Exhibits

In accordance with EDCR 2.67, counsel shall meet, review, and discuss exhibits. All exhibits must comply with EDCR 2.27. Two (2) sets must be three hole punched placed in three ring binders along with the exhibit list. The sets must be delivered to the clerk prior to the final Pre-Trial Conference. Any demonstrative exhibits including exemplars anticipated to be used must be disclosed prior to the calendar call. Pursuant to EDCR 2.68, at the final Pre-Trial Conference, counsel shall be prepared to stipulate or make specific objections to individual proposed exhibits.

Jury Notebook

In accordance with EDCR 2.67, counsel shall meet, review, and discuss items to be included in the Jury Notebook. Pursuant to EDCR 2.68, at the final Pre-Trial Conference, counsel shall be prepared to stipulate or make specific objections to items to be included in the Jury Notebook.

Proposed Jury Instructions and Verdict Forms

In accordance with EDCR 2.67, counsel shall meet and discuss preinstructions to the jury, jury instructions and verdict forms. Each side shall provide the Court, at the final Pre-Trial Conference, an agreed set of jury instructions and proposed form of verdict along with any additional proposed jury instructions with an electronic copy in Word format. These can be submitted on disc or should be e-mailed to the Department JEA, and the Department Law Clerk, .

Proposed Voir Dire

In accordance with EDCR 7.70, counsel shall file and serve by facsimile or hand, two (2) judicial days prior to the final Pre-Trial Conference conducted pursuant to EDCR 2.68.

Exhibit Guidelines and

Procedures for Civil Jury Trial

Court Clerk – Dulce Romea (671-0694)

Counsel are encouraged to submit joint exhibits. If counsel are submitting separate sets of exhibits, they are encouraged to remove duplicates. In accordance with EDCR 2.67, counsel shall meet, review and discuss exhibits. All exhibits must comply with EDCR 2.27. Two (2) sets must be three-hole punched and placed in three-ring binders with the Exhibit List (Court binder and Judge’s binder). Submit exhibits in a binder with tabs. Label the tabs with numbers for Plaintiff’s exhibits and letters for Defendant’s exhibits. If Joint exhibits are submitted, use Numbers. Bates stamp the pages for ease in locating a specific page of an exhibit and list the Bates numbers as part of the exhibit list. If there are an excessive number of exhibits, contact the Clerk who may assign a block of numbers to each side, and may request that you color coordinate and number your binders to identify Plaintiff’s and Defendant’s binders. Photographs and Receipts MUST BE IDENTIFIED SEPARATELY. Do not place several photos or receipts on one sheet of paper as this causes problems if only one is admitted. You may label them, for example, 7-A, 7-B, 7-C, etc.

Exhibit binders must be delivered to the Clerk prior to the final Pre-Trial Conference. Any demonstrative exhibits anticipated to be used must be disclosed, these are generally not marked as exhibits and usually do not go to the jury. However, if counsel wants the larger version to go to the jury, it must be marked separately. Pursuant to EDCR 2.68, at the final Pre-Trial Conference counsel shall be prepared to stipulate or make specific objections to individual proposed exhibits.

Submit an Exhibit List with the binders, using NUMBERS for Plaintiff’s exhibits and LETTERS for Defendant’s exhibits, with a short description of each exhibit and Bates number, if appropriate. Please make three (3) columns on the right-hand side labeled “Offered”, “Objected” and “Admitted”. The Exhibit list may be e-mailed to the Court Clerk in Microsoft Word format:

Depositions are not marked nor admitted as exhibits; however, original depositions should be provided which are filed and “published” when used in court.

Jury Notebook: In accordance with EDCR 2.67, counsel shall meet, review, and discuss items to be included in the Jury Notebook. Pursuant to EDCR 2.68, at the final Pre-Trial Conference, counsel shall be prepared to stipulate or make specific objections to items to be included in the Jury Notebook. The Jury Notebook should not be bigger than a 5” binder and coordinated between parties. Counsel will need to produce copies for the jury plus two (2) extra – Judge’s copy and Exemplar/Court exhibit.

VAULT EXHIBIT FORM

CASE NO: / HEARING DATE:
DEPT. NO / JUDGE :
CLERK
REPORTER :
PLAINTIFF: / JURY FEES:
COUNSEL FOR PLAINTIFF:
DEFENDANT:
COUNSEL FOR DEFENDANT:

Date Offered Objection Date Admitted