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Harsch v. JPMorgan Chase Bank, N.A.

United States District Court, Tenth Circuit

January 21, 2014

GEORGE HARSCH, Plaintiff,
v.
JPMORGAN CHASE BANK, N.A., Defendant.

TRIAL PROCEDURES ORDER

MICHAEL E. HEGARTY, Magistrate Judge.

The following procedures and orders supplement the Federal Rules of Civil Procedure and the local rules of this court. In order to fairly and efficiently try the merits of each case, the following ORDERS apply.

I. Final Pretrial Conference

The Final Pretrial Conference will be held on June 9, 2014 at 9:30 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901, 19th Street, Denver, Colorado.

The parties shall submit their proposed pretrial order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures V.L. no later than five (5) business days prior to the pretrial conference. The proposed pretrial order to be submitted to the Magistrate Judge under the ECF Procedures must be submitted in a useable format (i.e., WordPerfect or Word only) and shall be emailed to the Magistrate Judge at Hegarty_Chambers@cod.uscourts.gov.

Attorneys and/or pro se parties not participating in ECF shall submit their proposed pretrial order on paper to the Clerk's Office. However, if any party in this case is participating in ECF, it is the responsibility of that party to submit the proposed pretrial order pursuant to the District of Colorado ECF Procedures.

The parties shall prepare the proposed pretrial order in accordance with the form which may be downloaded in richtext format from the forms section of the court's website at http://www.cod.uscourts.gov/Forms.aspx. Instructions for downloading in richtext format are posted in the forms section of the website.

All out-of-state counsel shall comply with D.C. Colo. LAttyR 3 prior to the pretrial conference.

I. Trial Preparation Conference

The Trial Preparation Conference will be held on August 27, 2014 at 9:30 a.m. The matters due on or before that date are as follows:

1. Exhibits: The parties are to meet and confer to establish a single exhibit list utilizing numbers. The exhibit list shall be electronically filed under the Court's Electronic Filing Procedures[1] and a copy e-mailed as an attachment in WordPerfect or Word format to me at Hegarty_Chambers@cod.uscourts.gov three (3) business days before the trial preparation conference. Stipulations as to authenticity and admissibility shall be set forth on the exhibit list.
2. Objections to Exhibits: Each party shall electronically file objections to exhibits under the Court's Electronic Filing Procedures and a copy e-mailed as an attachment in Word or WordPerfect format to me at Hegarty_Chambers@cod.uscourts.gov three (3) business days before the trial preparation conference. The objections shall state in a clear and concise fashion the evidentiary grounds for the objection and the legal authority supporting such objection. Two copies of the objections are to be provided at the trial preparation conference.
3. Witness Lists: At the trial preparation conference, counsel shall provide their final witness lists (and two copies) with an estimate of each witness' direct examination testimony time. Each witness designated shall be counsel's representation, upon which opposing counsel can rely, that the witness will be present and available for testimony at trial. Of course, either party is not required to call a particular witness; listing the witness only assures their availability.
4. Deposition testimony. In the event deposition testimony will be used, opposing counsel must be given notice of each page and line intended to be used ten (10) business days prior to the trial preparation conference. Opposing counsel may then cross-designate testimony. The parties will meet and confer regarding the method of designating testimony so that it can be efficiently presented at trial. Any objections to the testimony must be marked on a copy of the transcript and provided to the court ...

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