JUDGE DAVID H. COAR'S

TRIAL PROCEDURES

Civil Case

I. Jury Selection

A. Summary of Case

In order to acquaint the prospective jurors with the case and to provide a framework within which prospective jurors may consider whether they can be impartial and fair, it is helpful to read a brief description of what the case is about to the panel. To this end, counsel should submit an agreed statement of the case which explains the nature of the case in simple terms. Unless the case is very complex, this summary should not exceed one paragraph.

B. Selection Procedure

The Jury Department prepares two lists of panel. One list is alphabetical and counsel will be given a copy of this list at the beginning of Jury selection. The second list has been randomized by the computer. Neither counsel nor the court will see the "randomized" list until all challenges have been made.

Sixteen jurors are called to fill the jury box and are assigned numbers. The remaining jurors will be called, given numbers, and seated in the spectator benches.

Questions will be asked by the court of all jurors. After the court has completed questioning, the parties will be asked at a sidebar conference whether there are follow-up questions to be asked by the court or by counsel.

After any follow-up, motions to exclude jurors for cause will be heard at sidebar. Once "cause" motions have been resolved, the remaining panel members will be subject to peremptory challenges. Jurors stricken for cause will normally not be advised that they have been excused until jury selection is complete.

In civil cases, each side has three peremptory challenges. Counsel will be given approximately ten minutes to decide on peremptory challenges. When court resumes, challenges will be considered at a sidebar. Each counsel is to hand up a written list containing its challenges. Both sides must provide their lists at the same time. If both sides strike the same juror, it is counted as a strike against both sides.

Any challenges to the use of peremptory challenges pursuant to the rationale of Batson v. Kentucky or its progeny should be made immediately following the completion of the strike process and before the unselected panel members are excused.

Once the strike process has been completed, the jurors will be asked to take seats in the spectator section. The courtroom Deputy will then note the strikes on the randomized list. The jury will be selected from the "unstruck" jurors on that list, proceeding from the first unstruck juror until the requisite number is obtained.

II. Procedures to Ensure Efficient Use of Jury Time

A. The jury will be placed in the box at the precise time that the trial is to convene or resume. The court will not delay having the jury seated in order to take up matters that could have been addressed during a break or recess.

B. Sidebar conferences should be kept to a minimum. If a matter of critical importance arises and one of the attorneys believes that it is absolutely necessary to be heard before the next recess or break, then the attorney should request a sidebar.

C. To avoid confusion as to when a witness is excused or not excused, the following procedure shall be followed:

At the conclusion of his/her testimony (including cross-examination by opposing counsel), that witness is excused and his/her obligations pursuant to any subpoena extinguished unless opposing counsel requests, on the record, that the witness remain available or be subject to recall at a later time. The details, such as date and time, of any continued availability should be addressed on the record and in the presence of the witness.

D. All requests for the court to take judicial notice of facts shall be in writing and submitted along with the pretrial order.

E. Counsel should advise opposing counsel of the names of witnesses to be called and the order in which they will be called, at least 24 hours in advance.

F. In a jury trial, if there is an offer of stipulation, first confer with opposing counsel about it. When in the presence of the jury, do not offer to stipulate anything and do not request that opposing counsel agree to stipulate.

G. When witnesses are excluded from the courtroom, counsel should make arrangements to have the next witness ready to take the stand immediately upon the completion of the testimony of the preceding witness.

H. Counsel shall prepare all exhibits about which a witness is to be examined and place them on the witness stand before the witness takes the stand. If the exhibit books are unwieldy, prepare a smaller packet for each witness.

I. Witnesses are not to be asked to draw diagrams or place markings on exhibits while on the witness stand when the jury is in the box. Attorneys should have the witness draw the diagram or mark the exhibit before taking the stand. The witness may then adopt the diagram or markings and tell the jury what they represent.

J. In order to avoid having the jury wait while a witness reviews an exhibit, counsel shall have their witness review all exhibits about which they will be questioned prior to calling the witness to the stand.

K. If a recess or adjournment interrupts a witness' testimony, have the witness back on the stand and ready to proceed when court is resumed.

L. Counsel should not ask witnesses to perform arithmetical calculations on the stand. Instead, counsel calling the witness should prepare an exhibit which sets forth the calculations prior to calling the witness, and provide a copy to opposing counsel sufficiently far in advance to permit said counsel to verify the calculations.

M. Counsel should not repeat a witness' answer or paraphrase the answer into a new question that asks the same thing; for example:

1. "Is it your testimony that ...?"

2. "Is it fair to say that ...?"

3. "Do I understand you to mean that ...?"

4. "So, in other words, are you saying that ...?"

N. Portions of deposition transcripts used for impeachment may be read to the jury during the cross-examination with pages and line numbers noted for the record before reading. Prior to reading, the witness should be given a copy of the deposition and be permitted to read along.

O. Equipment such as video projectors, TV monitors, easels, and VCRs should be set up and ready when needed without using the jury's time.

P. When objecting to questions or answers, state only that you are objecting and specify the legal ground or grounds of the objection. Do not use objections as an opportunity to recapitulate testimony, guide the witness, or to argue the objection.

Q. Scheduling will be discussed at the final pretrial conference and at the end of each trial day. Ordinarily, trials will begin at 10:00 a.m. Monday-Thursday. The morning sessions end at 12:15-12:30, and the afternoon session begins at 1:15 or 1:30. Trial will adjourn each day at about 5:00 p.m. Counsel must have enough witnesses to fill up each day.

Revised:

November 1, 1999