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Hensley v. Suttles
United States District Court, W.D. North Carolina, Asheville Division
December 18, 2017
TERESA ANN HENSLEY, Administrator of the Estate of David Lee Hensley, et al., Plaintiffs,
BOBBY R. SUTTLES, individually and in his official capacity as former Sheriff of Haywood County, et al., Defendants.
SUPPLEMENTAL PRETRIAL ORDER AND MANAGEMENT
Reidinger, United States District Judge
ACCORDANCE WITH the Local Rules of the Western
District of North Carolina and pursuant to Rule 16 of the
Federal Rules of Civil Procedure, the undersigned enters the
following Supplemental Pretrial Order and Case Management
Plan in this matter.
The Pretrial Order and Case Management Plan previously
entered in this matter sets forth certain requirements for
the parties to follow in preparing for and trying a civil
case before this Court. These requirements are not a mere
formality but rather are essential to the efficient
administration of the trial. To ensure such efficient
administration, the Court hereby supplements these
requirements so as to better elucidate the parties'
responsibilities and the Court's expectations. A
party's failure to comply with the requirements set forth
in the Pretrial Order and Case Management Plan, as
supplemented herein, may subject such party to an
administrative fine for interfering with the efficient
administration of the trial.
DEPOSITIONS TO BE USED AT TRIAL
A. Page/line designations for any depositions to be used at
trial, whether discovery or de bene esse
depositions, shall be filed no later than fourteen (14) days
before the final pretrial conference. Objections and
counter-designations shall be filed no later than seven (7)
days before the final pretrial conference, and objections to
any such counter-designations shall be filed no later than
two (2) business days before the final pretrial conference.
Failure to meet these deadlines may result in summary
exclusion of the designated testimony or the summary denial
of the objections.
B. If the parties are unable to resolve all of the objections
to the designated deposition testimony, such objections that
remain will be resolved at the final pretrial conference.
Thus, a copy of the transcript excerpts necessary for the
Court to understand such designations and objections must be
filed with the Court no later than two (2) business days
before the final pretrial conference.
C. If counsel intends to use deposition or trial testimony
given in another case, such designation must be accompanied
by a statement as to how counsel contends such testimony is
admissible in the present action.
D. While the parties may present deposition or trial
testimony by reading such testimony into the record, the use
of video recording is strongly encouraged.
E. If testimony is presented by video, the video must be
edited so as to exclude any testimony for which an objection
has been sustained and so that the video can be played for
the jury without any interruptions.
F. Before the trial begins, counsel shall provide the Court
with an estimate of the length of any deposition or trial
testimony to be proffered (e.g., for a video
deposition, counsel shall provide the playtime length of the
edited video; for a deposition that will be read, counsel
shall provide an estimate of the length of time to read the
edited transcript into the record).
EXHIBIT LISTS AND EXHIBIT NOTEBOOKS
A. Final exhibit lists must be submitted before the trial
begins. Exhibit lists must follow the format set forth in the
Pretrial Order and Case Management Plan.
B. Exhibit lists must list each exhibit counsel
reasonably anticipates using at trial, whether offered as
substantive or illustrative evidence, or whether it is to be
used on direct or ...
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