Order Setting Complex Trial Pre Trial Instructions Calendar Call

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. COMPLEX CIVIL DIVISION JUDGE Plaintiff(s) vs. Defendant(s) / ORDER SETTING TRIAL PRE - TRIAL INSTRUCTIONS AND CALENDAR CALL THIS CAUSE IS SET FOR THE DOCKET COMMENCING through Calendar Call on Courtroom C o u n s e l s hall keep a pprised of the status and progr e ss of the cases in front of them on the docket. THIS CAUSE is set for Jury / Non Jury Trial before JUDGE in Courtroom , Broward County Courthouse, 201 S.E. 6 th Street, Fort Lauderdale, Florida. The parties and their counsel are on notice that due to the nature of the cases and the potential length of trial, cases in the Complex Civil Division are set for an approximate tr ial date following the completion of the preceding case. Counsel are ordered to monitor the progress of the preceding case to insure their preparation to immediately commence trial when the case is called to trial. COUNSEL ARE ADVISED DUE TO THE LENGTH OF CASES IN THIS DIVISION ANY CIRCUIT JUDGE WHO BECOMES AVAILABLE MAY TRY THIS CASE. AS SUCH EACH CASE ON THIS CALENDAR SHALL BE READY FOR TRIAL WHEN THE CASE IS CALLED. FAILURE TO BE READY American LegalNet, Inc. www.FormsWorkFlow.com WHEN THE CASE IS CALLED MAY RESULT IN THE COURT DISMISSING THE CASE O R ORDERING APPROPRIATE SANCTIONS. The following requirements are imposed on all parties by the Court: I . NO LATER THAN NINE TY ( 9 0) DAYS FROM THE DATE OF THIS ORDER - EXPERT WITNESS DISCLOSURE (Filed with the Clerk and served on all counsel) The parties shall furnish opposing counsel with the names and addresses, along with complete and updated curriculum vitae of all expert witnesses to be called at trial; and all information regarding expert t estimony that is required by Fla. R. Civ. P. 1.280 (b)(4)(A); and shall furnish opposing counsel with two (2) alternative dates of availability of all expert witnesses for the purpose of taking their deposition. Both sides shall cooperate in the scheduling of expert depositions. II. NO LATER THAN SIXTY (60) DAYS PRIOR TO TRIAL - MEDICAL EVALUATIONS : All medical evaluations and other examinations pursuant to Fla. R. Civ. P. 1.360 shall have been completed. III. NO LATER THAN FORTY - FIVE ( 45 ) DAYS PRIOR TO TRIAL: All final discovery shall have been initiated. IV. TEN (10) DAYS PRIOR TO TRIAL: All pretrial discovery, including discovery depositions or testimony preserved by video of witnesses or experts to be used at trial, shall have been completed. Any motions in limine, shall be filed and served on opposing counsel. V. AT THE TIME OF THE ABOVE NO TICED CALENDAR CALL, the Joint Pretrial Stipulation must be completed and timely filed with the Clerk with a copy provided to the undersigned J udge . At the time of the pretrial conference/calendar call the parties shall be prepared to discuss all items set forth in Fla R. Civ. P. 1.200(b). VI. THE JOINT PRETRIAL STIPULATION MUST CONTAIN IN SEPARATELY NUMBERED PARAGRAPHS: [A joint pretrial stipulation contemplates a single document. It requires that all agreed matters be fully identified, and any disputed matte rs be specifically delineated with respect to each party]: 1. Statement of the Facts : A concise, impartial statement of the facts of the case. 2. Stipulated Facts : A list of those facts that can be stipulated and require no proof at the trial. 3. Statements of Disputed Law & Fact : Those issues of law and fact that are to be tried. American LegalNet, Inc. www.FormsWorkFlow.com 4. Exhibit Lists : Each party shall separately list all exhibits they intend to introduce into evidence. Each item shall be listed by number and description on a separate schedule attach ed to the stipulation. Each exhibit shall be specifically described. Generic descriptions of exhibits are subject to being stricken . Counsel shall initial shall have been made available to opposing counsel for examination and initialing. Only those exhibits listed and initialed may be offered in evi dence. If any party objects to the introduction of any such exhibit, such objection must be stated in the stipulation , setting forth the grounds with specificity. Demonstrative exhibits (e.g. charts, enlargements of exhibits) to be used at a jury trial mus t be displayed to all counsel before being shown to the jury. 5. Witness Lists : Parties shall attach and furnish counsel with a written list in intended to be called at trial. Only those witnesses listed shall be permitted to testify. All witness lists shall include a brief description of the substance and scope of the testimony to be elicited from such witness. All expert witnesses and their spec ialties shall be designated. If any party objects to any witness, such objection must be stated in the stipulation, setting forth the grounds with specificity. At trial, all parties shall be strictly limited to witnesses properly and timely disclosed. 6. Jury Instructions : If the trial is a jury trial counsel shall identify all agreed upon standard instructions and all special instructions. Any disputed jury instructions shall be attached and identified as to the party that proposed the instruction. Copies of all agreed upon instructions or disputed instructions shall be attached to the stipulation, along with copies of supporting statutory citations and/or case law. 7. Verdict Forms : If the trial is a jury trial the jury verdict form shall be attached and d esignated as agreed to or disputed. Agreed and/or disputed verdict forms shall be attached. 8. Peremptory Challenges : If the trial is a jury trial, state the number of peremptory challenges for each party. 9. Pending Motions : Set forth a list of all pending motions with copies attached to the pretrial stipulation. To the extent the court has time prior to commencement of the trial; all pending motions will be heard or set for hearing at the above - noticed pre - trial conference . All parties shall be fully prepared to present legal argument for all pending motions at the pretrial conference. 10. Trial Estimate : Each party shall provide an estimate of the number of days of trial for its side. American LegalNet, Inc. www.FormsWorkFlow.com 11. Daubert issues . All DAUBERT related issues involving any requests for hearings on DAUBERT related evidence shall be noticed and heard or agreed to by the parties no later than (30) days prior to the trial period. FAILURE TO DO SO SHALL CONSTITUTE A WAIVER OF ANY DAUBERT R ELATED EVIDENCE ISSUE. It is within the discretion of the court to remove any case for trial with pending DAUBERT issues. VII. NO LATER THAN TEN (10) DAYS prior to the trial period set forth above the following shall be completed or heard by the Court: 1. Depositions to preserve testimony of any witness, including experts, shall have been completed; 2. All pretrial motions, depositions or proceedings related thereto and MOTIONS IN LIMINE : All motions to exclude witnesses or evidence of other motions directed to the conduct of the trial for which grounds then exist must be filed and heard prior to commencement of the trial. VIII. MOTIONS FOR SUMMARY JUDGMENT will NOT be heard at the calen dar call, pretrial conference or at the time of trial. IX . SETTLEMENT : Counsel shall immediately notify this Court in the event of settlement and submit a stipulation for and order of dismissal. Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the settlement. THE PARTIES ARE CAUTIONED REGARDING THE FOLLOWING POLICIES OF THE COURT : 1. The parties shall do all things reasonable and necessary to assure the availability of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by the Florida Rules of Civil Procedure. See Rules 1.300 and 1.460 Fla.R.Civ.P. and Rule 2.545 of the Florida Rules of Judicial Administration. CONTINUANCES will only be considered on written motion prior to calendar call . 2. NO CONTINUANCES will be granted for reasons that should have been readily apparent to counsel when the trial order was received or expert witnesses are unavailable since testimony may be preserved by deposition. ALL EXPERT TEST