Author Archives: Stephen Susman

Trial Agreements Made Easy

These agreements will make life easier for both sides and do not advantage one side over the other. Waiting until you are in the heat of battle to try to reach these agreements, one side or the other will feel … Continue reading

#1 Trial Agreement – Date for Exchanging Real Live Witness List

Date for Exchanging Real Live Witness List Real live witness lists will be exchanged on agreed date. Any witness who appears on a party’s live witness list whom the other side has not deposed, can be deposed before the final … Continue reading

#2 Trial Agreement – Length of Trial and Time

Length of Trial and Time Agreement on the length of the trial and that time will be split equally

#3 Trial Agreement – Deposition Designations

Deposition Designations Deposition designations will be deferred until 48 hours before a party intends to read or play a deposition. The opposition then has 24 hours to object and counter-designate, and the originally designating party has 4 hours to object … Continue reading

#4 Trial Agreement – Deposition Counter-Designations

Deposition Counter-Designations Deposition counter-designations will be counted against the designator’s time. Counter-designations for optional completeness will be played during the “direct examination” portion of the video playback. All counter-designations will be played in full after the “direct examination” portion of … Continue reading

#5 Trial Agreement – Agreed Motion in Limine

Agreed Motion in Limine An agreed Motion in Limine, plus a briefing schedule for contested motions.

#6 Trial Agreement – Deadlines to Exchange Exhibit Objections

Deadlines to Exchange Exhibit Objections Deadlines for exchanging exhibit objections and a time to meet and confer on them.

#7 Trial Agreement – Unobjected-To Trial Exhibits Deemed Admitted

Unobjected-To Trial Exhibits Deemed Admitted All unobjected-to trial exhibits listed on the exhibit lists the parties exchanged before trial are deemed admitted when mentioned by any party during trial.

#8 Trial Agreement – Party-Produced Exhibits Deemed Authentic

Party-Produced Exhibits Deemed Authentic All exhibits produced by a party are deemed authentic. All exhibits produced by certain third-parties are authentic.

#9 Trial Agreement – Proposed Jury Questionnaires

Proposed Jury Questionnaires The parties will exchange proposed jury questionnaires on an agreed date and try to reach agreement before the pretrial conference

#10 Trial Agreement – Agreed Juror Notebook

Agreed Juror Notebook An agreed juror notebook containing a glossary, cast of characters, chronology and any key documents.

#11 Trial Agreement – Juror Participation

Juror Participation The jurors can take notes, can use their own notes during deliberations and can direct, through the judge, witness questions to each witness before he leaves the stand. Also, a sheet will be distributed for jurors to take … Continue reading

#12 Trial Agreement – Juror Questions

Juror Questions Jurors can direct, through the judge, questions to each witness before he leaves the stand.

#13 Trial Agreement – Notifying Parties of Live Witnesses

Notifying Parties of Live Witnesses The parties shall notify opposing parties of the order in which they plan to call live witnesses each Friday by 5:00 pm for the following week. The parties shall further notify opposing parties 36 hours … Continue reading

#14 Trial Agreement – Demonstrative Exhibits

Demonstrative Exhibits Demonstrative exhibits (i.e., those that do not go back into the jury room) need not be listed on the parties’ trial exhibit lists. Those to be used on direct examination and opening or closing argument will be provided … Continue reading

#15 Trial Agreement – Agreed Jury Instructions

Agreed Jury Instructions The parties will exchange proposed preliminary and final jury instructions on agreed dates, will ask the court to give preliminary instructions, and will try to reach agreement on preliminary instructions before the trial begins and on final … Continue reading

#16 Trial Agreement – Court to Instruct Jury Before Final Arguments

Court to Instruct Jury Before Final Arguments The parties will ask the court to instruct the jury before final arguments.

#17 Trial Agreement – Request Real-Time Reporting

Request Real-Time Reporting The parties will jointly request real-time reporting.

#18 Trial Agreement – Shared Audio – Visual Equipment & Electronic Versions of Displays

Shared Audio – Visual Equipment & Electronic Versions of Displays The parties will share any courtroom audio-visual equipment and will provide each other electronic versions of whatever they display immediately after the display.

#19 Trial Agreement – Amount of Interim Argument

Amount of Interim Argument Each side will be allowed an agreed amount of minutes of interim argument that can be used in increments when no witness is on the stand.

Pretrial Agreements Made Easy

These agreements will make life easier for both sides and do not advantage one side over the other. Waiting until you are in the heat of battle to try to reach these agreements, one side or the other will feel … Continue reading