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HomeMy WebLinkAbout0464 -'r:.' ~ The exhibits Iisted in paragraphs T• 10 wi{I be submiited to the clerk prior to triai to be marked by tho clerk accordingiy. 11. a list of all motions or other matters which require action by the Court; a~d 12. the signature of counsel for all parties. C. PAPERS TO BE SUBMITTED. Prior to the pretria) conference: 1. The parties shall file with the C{erk of Court a pretriat stiputation prepared .in accordance with Paragraph B of this Order; 2. At the option of the respective parties, they may file with such clerk and senre on the other party or parties a trial brief or memorandum with citation or authorities and a~guments in support of their positions on all disputed issues of law. If a party fails to file ihe same, but the other party does so, then the non-filing party will not be granted any additional time for filing a resp~nsive brief or memorandum. D. CONDUCT OF THE PRE-Ti~IAL CONFERENCE. The court may dispose of all motions and othe~ matters then pending. The Court will review all matters oontained in the pretrial stipulation and consider any other matters which may be presented with a view of simplifying the issues and bringing about a just, speedy and inexpensive determination of this case. E. PRETRIAL ORDER 1. Upon the conc{usion of the pretrial conference, the attorneys for all parties shall confer forthwith and prepa~e a pretrial order tor the Court's approval. Counsel for Plaintiff will take the initiative in prepar- ing such order. Such orde~ will be submitted to the Court for approval within seven days aker the pretrial conference unless the time period is designated at the pretrial confe~ence, in which event it will be submitted within the time so designated. The pretrial order so prepared shall incorporate and modify the pretrial stipulation in light of any additional agreements reached and any rulings made at the conference. 2. After the pretrial order is entered by the Court, the pleadings will be merged therein and the pretrial order wilt control the course of the triat and may not be amended except by order of the Court in the furtherance of justice. F. DtSCOVERY TO ENU. All discovery proceedings, including depositions of witnesses to be used for trial purposes in this case must be completed five (5) days prior to the docket call. Further discovery a~d depositions of witnesses ~ to be used for trial purposes shall be allowed only by order of the court for good cause shown or by writ- ~ ten stipulation of counsel. ~ G. WITNESSES AND EXHIBITS. ~ No witnesses except those submitted to the pretrial statement pursuant to Paragraph B, section 6 above shall be permitted to testify. The court will 4imit befor~ and after witnesses to no more than three and will , limit expert witnesses to no more than two i~ any one field. ~ r No exhibits except those submitted in the pretrial statement pursuant to Paragraph B, sections 7 to 10 ~ above shall be admitted +n evidence. If new evidence or witnesses are discovered after the pretrial con- ~ ference, the party desiring to use the same shall immediatefy furnish complete details thereof, together ¢ with the reason for late discovery, to the Court and to opposing counsel. Use of such evidence or E witnesses shall oniy be allowed by the Court for good cause shown and to pravent manifest injustice. i ~ ~ ~ H. EXPERT WITNESS INTERROGATORIES. ~ ~ No tater than twenty days prior to the pretrial conference all partiss shall supplement answers to inter- i rogatories propounded to and served upon them pursuant to Rule 1.280{b) (3) (a), for the exclusive pur- 3 pose of providing complete and current answers to aff interrogatories requesting all expert witness infor- s mation. Any expert witness not disclosed as provided herein wi11 not be allowed to testify without order ~ of court. I. ADDITIONAL PRE-TRIAL CONFERENCE. If necessry or advisable, the Court may adjourn the conference from time to time or may order additional pretriai conferences. - J. SPECIAL MATTERS. ~ 1. No motion for summary judgment or othe~ motion tiled after the date of this order will be grounds for F cancellation or postponeme~t of the pretrial conference. Parties will be expected to comp{y with the ~ requirements of this order as fully and to the same extent as though no such motions had been filed. aooK 674 PAGE 464 g ~ ~W~.~~~~ r~_