ORDER ON PRETRIAL CONFERENCE
TATE ET ANO
JACKSON ET AL
The Court held a pretrial conference in this case by telephone on Tuesday, February 11, 2014. The
parties report to the Court that they are close to reaching a settlement and they jointly requested a 4-
week trial continuance to complete the negotiations.
Based on the foregoing, the Court GRANTS the requested trial continuance. A 5-day non-jury trial is
hereby confirmed for APRIL 7, 2014 at 9 a.m.
A. SETTLEMENT/MEDIATION/ADR REQUIREMENT PURSUANT TO ORDER SETTING CIVIL CASE
SCHEDULE: this requirement has been accomplished
B. PRETRIAL DISCLOSURES:
Counsel and/or pro se parties shall prepare and exchange a list of exhibits and copies of the exhibits
as required by LCR 4(j).
All non-documentary exhibits (excluding illustrative exhibits) shall be made available for inspection by the opposing counsel and/or pro se parties pursuant to LCR 4(j).
3/17/2014 Witnesses who have been disclosed pursuant to LCR 26, and whom counsel and/or pro se parties intend
to call at trial, shall be disclosed as by LCR 4(j). All witnesses to be called at trial shall be listed in the Joint Statement of Evidence, as required by LCR 4(k). Failure to adhere to the case schedule or to disclose witnesses, as provided for in LCR 26 and LCR 4, shall result in the exclusion of the witnesses’ testimony at the time of trial, or such other sanctions as the
Court deems appropriate.
C. DOCUMENTS TO BE FILED WITH THE COURT:
1. JOINT STATEMENT OF EVIDENCE
[LCR 4(k)]. [LCR 4(k)]. The Joint Statement of Evidence shall be filed with the Clerk’s Office, with courtesy copies
delivered to the assigned judge 5 court days before trial. Counsel for the parties and/or pro se parties shall confer at least 10 calendar days before trial to prepare the Joint Statement of Evidence. The Statement shall include a list of all proposed exhibits, numbered sequentially beginning with 1. Adjacent to the list of exhibits shall be a table with four columns headed as follows: “Party(ies) Offering Exhibit,” “No Objection,” “Authenticity Admitted but Objectionable,” and “Otherwise Objectionable.” The legal basis of the objection shall be identified. The appropriate column shall be
completed for each exhibit. No document shall be listed more than once as an exhibit; an exhibit on the Joint Statement may be offered by any party. The Joint Statement of Evidence shall conform to the requirement of LCR 4(k). Counsel may include any additional stipulations regarding exhibits.
2. EXHIBITS AND OTHER EVIDENCE:
FOLLOW THE REQUIREMENTS BELOW
1. NUMBERING Each exhibit shall be numbered with a tab. It shall be listed in the Joint Statement of Evidence only once. Once an exhibit is numbered, it can be introduced by either party but will continue to be designated by the number given it in the Joint Statement of Evidence.
2. TRIAL NOTEBOOKS Counsel are to prepare for the clerk, the judge and for counsel, three-ring notebooks which contain the exhibits listed in the Joint Statement of Evidence.
Each exhibit should be placed behind a numbered tab corresponding with the number designated in the Joint Statement of Evidence.
3. PRE-MARKING OF EXHIBITS BY CLERK
Exhibits need not be pre-marked.
4. OBJECTIONS If a party has a legal objection to a proposed exhibit, the legal basis must be included in the Joint Statement.(B) USE OF
DISCOVERY/DEPOSITIONS AT TRIAL:
If depositions (including video depositions), designations, interrogatories, requests for admissions, or other discovery responses are to be used at trial as substantive
evidence in lieu of live testimony, the proponent shall provide a list of the excerpts to be offered to the opposing party. Such excerpts shall be included with the exhibits, and any counter-designations and any objections thereto shall be provided to the Court and opposing counsel no later than: 5 court days prior to the trial date. If the Court is to make any evidentiary rulings, counsel shall provide the Court with a transcript of any video depositions intended to be offered at trial.
3. MOTIONS IN LIMINE All motions in limine shall be filed with the Clerk’s Office, with courtesy copies delivered to the assigned judge and served on opposing counsel, pursuant to LCR 4(l); LCR 7(b)(4) Ruling on motions in limine shall be made on the day of trial, without oral argument, unless requested by the Court.
4. TRIAL BRIEFS Trial briefs shall be filed with the Clerk’s Office, with courtesy copies delivered to the
assigned judge and served on opposing counsel and/or pro se parties, no later than 5 court days before the trial. LCR 4(m).
5. PROPOSED FINDINGS OF FACT and CONCLUSIONS OF LAW (non-jury cases only): 5 court days before trial, each party shall serve and deliver to the assigned judge
proposed findings of fact and conclusions of law. LCR 4(m).
Submission in electronic format is also required.
D. OTHER REQUIREMENTS
1. TRIAL WEEK CONFLICTS:
Trial counsel have no trial week conflicts that cannot be adjusted.
2. OTHER REQUIREMENTS SPECIAL TO THIS CASE (equipment, special needs accommodations, etc.):
One party has out-of-state expert witnesses.
NOTICEORDER ON PRETRIAL
NONCOMPLIANCE WITH THE TERMS OF THIS ORDER MAY RESULT IN NONCOMPLIANCE WITH THE TERMS OF THIS ORDER MAY RESULT IN SANCTIONS,
INCLUDING THE EXCLUSION OF EVIDENCE, DISMISSAL, ENTRY OF DEFAULT, AND/OR
AWARD OF TERMS AND ATTORNEY FEES, AS THE COURT DEEMS APPROPRIATE.
The parties shall notify the Court as soon as possible if settlement has been reached.
Dated: February 11, 2014.
\King County Superior Court
Judicial Electronic Signature Page
Signed by Judge:
Honorable Judge Beth Andrus
2/11/2014 9:15:49 AM