Author Archives: Stephen Susman
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
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
Length of Trial and Time Agreement on the length of the trial and that time will be split equally
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
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
Agreed Motion in Limine An agreed Motion in Limine, plus a briefing schedule for contested motions.
Deadlines to Exchange Exhibit Objections Deadlines for exchanging exhibit objections and a time to meet and confer on them.
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.
Party-Produced Exhibits Deemed Authentic All exhibits produced by a party are deemed authentic. All exhibits produced by certain third-parties are authentic.
Proposed Jury Questionnaires The parties will exchange proposed jury questionnaires on an agreed date and try to reach agreement before the pretrial conference
Agreed Juror Notebook An agreed juror notebook containing a glossary, cast of characters, chronology and any key documents.
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
Juror Questions Jurors can direct, through the judge, questions to each witness before he leaves the stand.
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
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
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
Court to Instruct Jury Before Final Arguments The parties will ask the court to instruct the jury before final arguments.
Request Real-Time Reporting The parties will jointly request real-time reporting.
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.
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.