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 – Dispense with final Pretrial Order requirement

The parties will ask the court to dispense with the requirement of a final Pretrial Order and instead exchange witness and exhibit lists, deposition designations, and proposed jury instructions as agreed to below. The parties will also ask the Court … Continue reading

#2 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

#3 Trial Agreement – Length of Trial and Time

Length of Trial and Time The length of the trial (excluding openings and closings) will be ___ days and that time will be split equally.  Each party will get ___ to open and ___ to close. Updated: June 14, 2016

#4 Trial Agreement – Deposition Designations

Deposition Designations The list of witnesses to be called by deposition will be exchanged 48 hours before the trial commences.  Actual deposition designations will be provided 48 hours before a party intends to read or play a deposition.  The opposition … Continue reading

#5 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

#6 Trial Agreement – Agreed Motion in Limine

Agreed Motion in Limine We will agree on the in limine orders contained in Exh. A plus a briefing schedule for contested limine motions Updated: June 14, 2016

#7 Trial Agreement – Deadlines to Exchange Exhibit Objections

Deadlines to Exchange Exhibit Objections We will exchange lists of exhibits (with each exhibit entitled simply Trial Exhibit and numbered sequentially as in the deposition transcripts) on ___ that will be limited to exhibits we in good faith intend to … Continue reading

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

Unobjected-To Trial Exhibits Deemed Admitted All un-objected-to trial exhibits listed on the exhibit lists at the time the trial begins are deemed admitted when mentioned by any party during trial Updated: June 14, 2016

#9 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 the following third-parties are deemed authentic: ___________ Updated: June 14, 2016

#10 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

#11 Trial Agreement – Agreed Juror Notebook

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

#12 Trial Agreement – Juror Participation

Juror Participation The jurors can take notes and can use their own notes during deliberations.  When each witness takes the stand, the party calling that witness will provide each juror with a lined sheet of looseleaf paper with a photo … Continue reading

#13 Trial Agreement – Juror Questions

Juror Questions Jurors can direct, through the judge, questions to each witness before he leaves the stand.  Attached as Exhibit B is a protocol of doing this. Update: June 14, 2016

#14 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

#15 Trial Agreement – Demonstrative Exhibits

Demonstrative Exhibits Demonstratives (i.e., charts, power point slides, models and the like, 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, opening or … Continue reading

#16 Trial Agreement – Agreed Jury Instructions

Agreed Jury Instructions The parties will (a) exchange proposed preliminary and final jury instructions on ______ and ____, respectively; (b) ask the Court to give preliminary substantive instructions; and (c) try to reach agreement on preliminary instructions before the trial … Continue reading

#17 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 rather than after final arguments. Updated: June 14, 2016

#18 Trial Agreement – Provide Jurors with Copy of Instructions and Verdict Form

The parties will ask the Court to provide each juror with a copy of the instructions and verdict form. Added: June 14, 2015

#19 Trial Agreement – Request Real-Time Reporting

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

#20 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.