Author Archives: Steve Susman

Judges Vow Renewed Crackdown on Attorney Discovery Abuses

By Bruce Kaufman “Recent judicial threats of big-dollar monetary sanctions against attorneys who use boilerplate discovery responses may indicate a renewed effort to crack down on obstructionist tactics in civil cases in federal court. ” Read the full article Product Safety & Liability Reporter

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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 disadvantaged. #1 Trial Agreement – Dispense with final Pretrial Order requirement added 6/14/16 #2 Trial Agreement – Date for Exchanging Real Live Witness List #3 Trial Agreement – Length of Trial and Time update 6/14/16 #4 Trial Agreement – Deposition Designations update 6/14/16 #5 Trial Agreement – Deposition Counter-Designations #6 Trial Agreement – Agreed Motion in Limine update 6/14/16 #7 Trial Agreement – Deadlines to …

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#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 to permit whatever they have agreed to herein. Added:  June 14, 2016

#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 pretrial.

#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 then has 24 hours to object and counter-designate, and the originally designating party has 4 hours to object to any counter-designations.  The deposition may be used as soon as the Court rules on the objections. Updated: June 14, 2016

#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 the video playback is completed.

#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 show to the jury during trial. The deadlines for exchanging exhibit objections and a time for lead counsel to meet and confer on them are as follows: ___________ Updated: June 14, 2016

#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