Judge Mark H. Epstein

5. OPTIONAL trial briefs. Trial briefs in jury trials are not required; they are optional. But if they are to be filed, they should be filed along with the other Final Status Conference materials and should not exceed 20 pages exclusive of the table of contents, table of authorities, and exhibits. Trial briefs are not settlement briefs; they must be served on all parties. Trial briefs should contain minimal rhetoric. Trial briefs can (and likely should) cite to evidence, but they need not (and most likely should not) append the actual evidence unless the particular evidence is crucial.

1. Trial Brief. While optional for jury trials, a trial brief is mandatory for bench trials. It should not exceed 25 pages in length exclusive of the table of contents, table of authorities, and exhibits. It should include a statement of the case and any legal issues that will need to be resolved. It should contain minimal rhetoric. Critical exhibits should be appended to the trial brief, but only critical exhibits. Other exhibits can be referred to in the brief by their exhibit number.

Trial briefs in jury trials are not required; they are optional. But if they are to be filed, they should be filed along with the other Final Status Conference materials and should not exceed 20 pages exclusive of the table of contents, table of authorities, and exhibits.

These proposals will be accompanied by a declaration stating that the parties have met and conferred in good faith for no less than three hours on the day of trial to arrive at a settled statement as well as a memorandum, not exceeding 5 pages in length, explaining why a particular proposed settled statement is more accurate.

If the parties are unable to agree upon a settled statement, then at 8:00 am the following court morning, the plaintiff will present its proposal and the defendant will present a red-lined version of its proposal against the plaintiff's proposal. These proposals will be accompanied by a declaration stating that the parties have met and conferred in good faith for no less than three hours on the day of trial to arrive at a settled statement as well as a memorandum, not exceeding 5 pages in length, explaining why a particular proposed settled statement is more accurate. Of course, this is unnecessary if there is a court reporter.

1. Witness List. The parties must file a JOINT witness list. The list shall include the name of each witness to be called. For each witness on the list, please include: (1) the witness’s name; (2) a 1-10 word description of who the witness is; (3) the party (or parties) that intend to call the witness (including any party intending to call the witness adversely); (4) a good faith estimate of the amount of time each party intends to spend examining the witness (to be provided by each party—no one is to challenge another party’s estimate).

2. Exhibit List. The parties must file a JOINT list. The exhibit list must include: (1) a unique exhibit number (the parties are to meet and confer so as to eliminate duplicate exhibits); (2) a brief and non-argumentative description of the exhibit (e.g. "1/5/20 email from plaintiff to defendant regarding the property"); (3) the identity of the party or parties proffering the exhibit; (4) whether the parties have stipulated as to authenticity

2. Exhibit List. The parties must file a JOINT list. The exhibit list must include: (1) a unique exhibit number (the parties are to meet and confer so as to eliminate duplicate exhibits); (2) a brief and non-argumentative description of the exhibit (e.g. “1/5/20 email from plaintiff to defendant regarding the property”); (3) the identity of the party or parties proffering the exhibit; (4) whether the parties have stipulated as to authenticity (the Court STRONGLY encourages the parties to stipulate as to authenticity unless there is a good faith reason to believe that the exhibit is not to the exhibit’s admission into evidence if offered on any other ground and if so, the specific objection and the party making the objection (a lack of objection does NOT mean that the exhibit is in evidence; it means that if a party offers the exhibit at trial it will be admitted without objection). The exhibit list need not contain exhibits that are truly to be used only for impeachment. There should be no argument or response to an objection; the Court only requires the objection to be stated so that everyone knows what it is.

1. Witness List. The parties must file a JOINT witness list. The list shall include the name of each witness to be called. For each witness on the list, please include: (1) the witness's name; (2) a 1-10 word description of who the witness is; (3) the party (or parties) that intend to call the witness (including any party intending to call the witness adversely); (4) a good faith estimate of the amount of time each party intends to spend examining the witness (to be provided by each party—no one is to challenge another party's estimate).

3. Deposition Chart. A JOINT chart setting forth all deposition testimony that any party intends to offer, arranged witness by witness. Each entry will include: (1) a specific page and line designation of the testimony to be offered; (2) the name of the party or parties intending to offer the testimony; and (3) any objections to that testimony (and the party making the objection). Do not argue the objection or respond to it. Note that this chart must include "rebuttal" deposition testimony—that is, testimony that a party intends to offer to rebut other deposition testimony.

5. A JOINT statement of any unusual issues of which the Court should be aware before trial. In addition, this statement should set forth any special technology that will be used at trial and whether a technology person will need to be present. The Court notes that there will not be room for such a person at counsel table during Covid-19.

3. Deposition Chart. A JOINT chart setting forth all deposition testimony that any party intends to offer, arranged witness by witness. Each entry will include: (1) a specific page and line designation of the testimony to be offered; (2) the name of the party or parties intending to offer the testimony; and (3) any objections to that testimony (and the party making the objection). Do not argue the objection or respond to it. Note that this chart must include “rebuttal” deposition testimony—that is, testimony that a party intends to offer to rebut other deposition testimony. Transcripts of all depositions must be lodged with the Court. Deposition testimony to be used solely for impeachment need not be included.

4. Proposed Jury questionnaires, if any. Remember that we are already asking a lot of our jurors—especially in the Covid-19 era. Asking them to fill out lengthy questionnaires could be a problem for them. That said, jury questionnaires are appropriate in some cases so as to reduce the amount of time for voir dire and to avoid or minimize inquiry into potentially embarrassing subjects with potential jurors. The parties must meet and confer and attempt to arrive at a stipulated questionnaire if one is requested. If the meet and confer is unsuccessful, the parties should prepare a list of questions to which all stipulate and then a separate filing setting forth each party’s proposed additional questions and objections to the other party’s questions.

These proposals will be accompanied by a declaration stating that the parties have met and conferred in good faith for no less than three hours on the day of trial to arrive at a settled statement as well as a memorandum, not exceeding 5 pages in length, explaining why a particular proposed settled statement is more accurate. Of course, this is unnecessary if there is a court reporter.

3. Proposed Verdict Forms and objections. The objection to a verdict form should be because the form used is improper (for example, that the question to be answered is not properly framed or that the form is insufficient to result in a valid verdict); no form to a special verdict form. The parties are strongly encouraged to stipulate to a verdict form, which means that they must meet and confer in advance of filing their respective proposals, but, if they cannot do so, the parties should be able to resolve any objections to a form.