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San Juan Citizens Alliance v. United States Department of Interior

United States District Court, D. Colorado

February 5, 2014

SAN JUAN CITIZENS ALLIANCE, Plaintiff,
v.
UNITED STATES DEPARTMENT OF THE INTERIOR, an agency of the United States, and UNITED STATES BUREAU OF LAND MANAGEMENT, an agency within the United States Department of the Interior, Defendants.

TRIAL PREPARATION CONFERENCE ORDER

ROBERT E. BLACKBURN, District Judge.

Pursuant to D.C.COLO.LCivR 43.1, the court enters this Trial Preparation Conference Order.

IT IS ORDERED as follows:

1. That trial to the court shall commence May 27, 2014, at 9:00 a.m., in courtroom A1001, on the tenth floor of the Alfred A. Arraj, United States Courthouse Annex, at 90119th St., Denver, Colorado 80294, at which all parties shall appear in person without further notice, order, or subpoena;

2. That the court reserves two (2) days for trial;

3. That counsel and any pro se party shall appear in courtroom A1001 on the first day of trial, at 8:00 a.m., to review and discuss with the courtroom deputy clerk and the court, if necessary, any final details, arrangements, or requirements concerning the trial;

4. That a combined Final Pretrial Conference and Trial Preparation Conference shall commence on May 22, 2014, at 3:00 p.m., in courtroom A1001;

5. That the proposed Final Pretrial Order, submitted pursuant to District Court ECF Procedures V.5.1, shall be presented for the approval of the court no later than seven (7) days before the final pretrial conference, i.e. by May 16, 2014;

6. That lead counsel and any pro se party shall attend the conference;

7. That at the outset of the conference, the parties shall submit one Parties' Joint Exhibit List on the form required by the court (an original for the court with copies for the courtroom deputy clerk, the court reporter and all other parties) and each party shall submit on the Witness List form required by the court (an original for the court with copies for the courtroom deputy clerk and all other parties) a "will call" witness list enumerating the name and address (city or county and state only) of each witness that will be called and a "may call" witness list enumerating the name and address (city or county and state only) of each witness that may be called; provided, furthermore, that the "will call" witness list constitutes a representation on which the court and every other party may rely that the witnesses listed will be present and available to testify during trial;

8. That at the conference the parties shall be prepared to review and discuss, inter alia, the following:

a. the proposed Final Pretrial Order;
b. identification of "will call" and "may call" witnesses;
c. the estimated time for direct examination of each "will call" witness;
d. the pronunciation of problematic party's and witness' names;
e. use of deposition testimony;
f. use of video depositions:
1. resolution of objections;
2. pretrial redaction, if necessary; and
3. arrangements for necessary equipment to broadcast the deposition;
g. the allocation of trial time between the parties;
h. identification of all persons permitted to be seated at each party's table

[Please review Fed.R.Evid. 615];

i. the names or monikers that may be used when referring to a party or a witness;
j. the admission of stipulated exhibits or exhibits about which there are no objections;
k. anticipated evidentiary issues; and
l. requests or requirement for trial briefs;
m. security precautions, requirements, or issues;
n. training on the uses of courtroom technology; and
o. transporting and bringing equipment, models, props, or other property into the courthouse and courtroom for the use during trial;[1]

9. That trial witnesses subject to sequestration under Fed.R.Evid. 615 shall be sequestered by order entered sua sponte immediately before opening statements;

10. That opening statements shall be limited to thirty (30) minutes per party;

11. That pursuant to REB Civ. Practice Standard III.B.4.b., each party shall have available at trial a set of exhibits for the court, the courtroom deputy clerk, opposing counsel (one set per party), and any pro se party;

12. That unless interrupted by the court, in marshaling motions or objections during trial, the following sequential protocol shall be observed: objection, response, reply, ruling;

13. That if permitted, closing argument shall be limited to forty-five (45) minutes total for each party;

14. That for additional information about courtroom protocol, courtroom technology and training, trial preparation, transport of items into the courthouse and courtroom, or submission of trial exhibits, the courtroom deputy clerk, Kathleen Finney, at (303)335-2099, should be contacted; and

15. That pursuant to REB Civ. Practice Standard IV.A.1.b., the Final Pretrial Order as modified or supplemented by this Trial Preparation Conference Order and any order entered during the combined Final Pretrial Conference and Trial Preparation Conference shall control the subsequent course of this action and the trial, and may not be amended except by consent of the parties and approval of the court or by order of the court to prevent manifest injustice.


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