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Court-wideDocument Format Requirements3 rules
The pretrial order shall be prepared in accordance with Rule 9.14 and filed with the court by _____.
I use the plain speak pattern jury instructions that can be downloaded from the Supreme Court website in Word format. Please download these instructions and cross out any that do not pertain to your case.
Do not use string citations; cite one main case with the highest authority.
Court's wording
Do NOT use string citations. I read every case that you cite. If you give me a string citation, I will have to read ALL of those cases. Just give me one case. Select the main case citing the highest authority.
Document Filing Requirements4 rules
9. The pretrial order shall be prepared, signed by all parties, and filed by plaintiff counsel with the court on _____ (not more than 14 days from #8, above).
When you submit your requested special jury instructions, please also provide a copy of the pattern jury instructions containing your cross-outs. You do not have to file the pattern jury instructions, just get me a copy.
Read and accurately present cited cases, do not change the law's wording, and do not include a ruling based on special or unusual facts or on justice and equity.
Court's wording
Accurately recite the law. Read every case you cite before submitting it to me. I read every case you site for both context and content. Context means—is it a ruling made due to special/unusual fact situations or in the interest of justice and equity. If so, it will not be included. Content means—do you accurately set forth what it says. Do not change the wording to fit your case.
Requested instructions should cite controlling authority in the stated hierarchy; if equivalent First Circuit authority cannot be found for authority from another circuit, the instruction may still be submitted for consideration at the Charge Conference.
Court's wording
Cite controlling authority. Controlling authority for the 19th JDC is (1) US Supreme Court, (2) Louisiana Supreme Court, and (3) Louisiana First Circuit. If you have authority from another circuit, you can also probably find the same authority in the First Circuit. If not, submit the Requested Instruction anyway and we will determine whether to include it in the Jury Instructions at the Charge Conference that will be held upon the completion of evidence.
Filing & Service rules
Filing Timing and Cure Windows
Follow Code of Civil Procedure filing deadlines for dispositive motions, including summary-judgment and Daubert motions, and for peremptory exceptions.
Filing deadlines for dispositive motions are set forth in the Code of Civil Procedure. I adhere to those deadlines. This applies to, among others, Motions for Summary Judgment and Daubert Motions. Peremptory Exceptions are also controlled by the Code of Civil Procedure.
Civil cases
Page 2 | Dispositive Motions
File Motions in Limine at least two months before trial so oppositions can be filed and a contradictory hearing held at least two weeks before trial.
Please file all Motions in Limine at least two months prior to trial to allow for the filing of oppositions and the scheduling of a contradictory hearing to be held at least two weeks prior to trial.
Civil cases
Page 2 | Dispositive Motions
If expert testimony is required, the defendants' expert deposition must occur no more than 30 days after the plaintiff's expert deposition.
- 6. If expert witness testimony is required: - G. Deposition of defendant(s) expert by _____ (not more than 30 days after #6.F, above).
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
If expert testimony is required, the defendants' expert must be identified no more than 30 days after the plaintiff's expert is identified.
- 6. If expert witness testimony is required: - C. Defendant(s) expert identified by _____ (not more than 30 days after #6.A, above);
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
If expert testimony is required, the plaintiff's expert deposition must occur no more than 30 days after the plaintiff's reply report is due.
- 6. If expert witness testimony is required: - F. Deposition of plaintiff expert by _____ (not more than 30 days after #6.E, above);
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
5. Final discovery cutoff is set for _____. All motions to compel and for protective orders, must be filed no later than 21 days from this date.
5. Final discovery cutoff is set for _____. All motions to compel and for protective orders, must be filed no later than 21 days from this date.
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
Substantive motions and motions in limine, except Article 1425 motions, must be filed at least six weeks before the pretrial-order deadline.
7. All other substantive motions and motions in-limine (other than La. Code Civ. Proc. art. 1425 motions) must be filed on or before _____ (not less than 6 weeks before #9, below).
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
If expert testimony is required, the plaintiff's expert must be identified by the date set in the schedule.
- 6. If expert witness testimony is required: - A. Plaintiff expert identified by _____;
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
Joinder of parties and amendments to pleadings must be completed no more than 14 days after the preliminary discovery cutoff.
3. Joinder of parties and amendment of pleadings must be completed on or before _____ (not more than 14 days after #1, above).
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
The preliminary discovery cutoff must be set no later than 120 days after the Status Conference.
1. Preliminary discovery cutoff is set for _____ (not more than 120 days after date of Status Conference).
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
The pretrial order must be filed no more than 14 days from the date for exchanging pretrial inserts.
9. The pretrial order shall be prepared, signed by all parties, and filed by plaintiff counsel with the court on _____ (not more than 14 days from #8, above).
Civil cases
Page 2 | CASE MANAGEMENT SCHEDULE
The pretrial order must be filed with the court by the date specified in the schedule.
The pretrial order shall be prepared in accordance with Rule 9.14 and filed with the court by _____.
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
The Case Management Schedule provided at the Pre-Trial Conference sets the trial date, jury-bond filing dates, and jury-instruction submission date.
The trial date, jury bond filing dates, and date for submission of jury instructions is set forth on the Case Management Schedule provided to you at the Pre-Trial Conference.
Civil cases
Page 1 | Jury Trials held before Judge Beau Higginbotham
Updated medicals are permitted up to three weeks before trial.
Additionally, updated Medicals are allowed up to three weeks prior to trial.
Civil cases
Page 2 | Dispositive Motions
Service and Proof of Service Rules
Notify all opposing counsel by email or fax, with acknowledgment of receipt, within 24 hours of learning of a change in medical status.
Prompt notice of updated medicals is to be provided to all opposing counsel via email or fax—with acknowledgment of receipt—within 24 hours of learning of any such change in medical status.
Civil cases
Page 2 | Dispositive Motions
If expert testimony is required, the defendants must provide their expert report to the plaintiff no more than 30 days after the plaintiff's report is due.
- 6. If expert witness testimony is required: - D. Defendant(s) report to plaintiff by _____ (not more than 30 days after #6.B, above);
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
The parties must supplement their witness and exhibit lists at least 45 days before the final discovery cutoff.
4. Parties shall supplement their witness and exhibit lists on or before _____ (not less than 45 days prior to #5, below).
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
If expert testimony is required, the plaintiff must provide a reply expert report to the defendants no more than 14 days after the defendants' report is due.
- 6. If expert witness testimony is required: - E. Plaintiff reply report to defendant(s) by _____ (not more than 14 days after #6.D, above);
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
The parties must exchange pretrial inserts by the date set in the schedule.
8. Parties shall exchange pretrial inserts on or before _____.
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
If expert testimony is required, the plaintiff must provide the expert report to the defendants by the date set in the schedule.
- 6. If expert witness testimony is required: - B. Plaintiff report to defendant(s) by _____;
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
The parties must exchange witness and exhibit lists at least 45 days before the preliminary discovery cutoff.
2. Parties shall reciprocally exchange witness and exhibit lists on or before _____ (not less than 45 days prior to #1, above).
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE
The parties must exchange pretrial inserts and exhibit books by the date specified in the schedule.
The parties are to exchange pretrial inserts and exhibit books by _____.
Civil cases
Page 1 | CASE MANAGEMENT SCHEDULE