Trial Order Form. This is a Massachusetts form and can be use in State District Court Statewide.
Tags: Trial Order, Massachusetts Statewide, State District Court
DOCKET NO. Trial Court of Massachusetts District Court Department TRIAL ORDER PLAINTIFF(S) COURT DIVISION VS. DEFENDANT(S) After pretrial/conciliation conference and upon scheduling of this matter for trial on TRIAL DATE at before the Court ( TIME , J.) it is ORDERED as follows: JUDGE’S NAME 1. Witness Lists. Counsel for each party shall submit a list of witnesses expected to testify at trial, containing the name and address of each prospective witness, to the trial judge at the beginning of the trial. Persons not included in such lists may be precluded from testifying, in the discretion of the trial judge. 2. Agreed Exhibits. Counsel for each party shall confer in advance of the trial for the purpose of agreeing to exhibits for trial. All agreed exhibits shall be pre-marked by counsel with exhibit labels bearing numerical designations (e.g., Exhibit 1, Exhibit 2, etc.) Counsel shall submit a list of Agreed Exhibits, containing the exhibit numbers and a summary description of each exhibit, to the trial judge at the beginning of the trial. 3. Proposed Exhibits. All proposed exhibits on which counsel do not agree shall be pre-marked by counsel for the offering party with exhibit labels bearing alphabetical designations for identification (e.g., Plaintiff’s Exhibit A for ID, Defendant’s Exhibit A for ID, etc.) Each counsel shall submit a list of proposed exhibits, containing the exhibit letters and summary descriptions of the exhibits, to the trial judge at the beginning of the trial. Any exhibit offered at trial which is neither agreed to nor identified on the proposed exhibits lists may be precluded, in the discretion of the trial judge. 4. Stipulations. Counsel for each party shall confer in advance of the trial for the purpose of stipulating to all material facts which are not in dispute. Counsel shall submit a list of any stipulations to the trial judge at the beginning of the trial. 5. Audio-Visual Expert Witness Depositions for Trial. To reduce the expense of litigation and to avoid delay of trial because of unavailability of expert witnesses, leave is hereby granted for any party, upon notice to opposing counsel and in accordance with Mass. R. Civ. P. 30A(m), to conduct audio-visual dispositions of their treating physician or other expert witnesses in lieu of oral testimony at trial. Notwithstanding Mass. R. Civ. P. 30A(m)(2) & (4), notice of the audio-visual deposition may be served simultaneously with service of the witness’ curriculum vitae and written report, and evidentiary objections shall be filed with the trial judge at the beginning of the trial. Any objections to this procedure shall be filed and heard as discovery motions in advance of the trial date. 6. Summaries of Voluminous Exhibits. Counsel are encouraged to prepare summaries of voluminous exhibits, such as medical records and bills, to assist the trial judge’s review of the facts. See Proposed Mass. R. Evid. 1006 (1980). 7. Non-Massachusetts Authorities. Counsel who submit any requested rulings of law, jury instructions or memoranda of law which cite federal or other non-Massachusetts cases and statutes are requested to append copies of such cases or statutes for the convenience of the trial judge. 8. Proposed Jury Instructions. In cases to be tried to a jury, counsel are directed to file any requested jury instructions with the court before the trial begins, without prejudice to supplementation of such request at the close of the evidence. For the convenience of the trial judge, requested jury instructions shall be consecutively numbered with instructions concerning separate topics listed on separate pages. (SEE REVERSE SIDE FOR ADDITIONAL INSTRUCTIONS) 8/04 53 American LegalNet, Inc. www.USCourtForms.com 9. Continuances. Any motions for continuance of the trial date shall include affidavits of counsel in accordance with Mass. R. Civ. P. 40 and shall be sent directly to the attention of NAME AND TITLE to expedite decision by the Justice assigned to the Civil Trial Session or, if that Justice is not available, by the First Justice. Trial dates may be continued for good cause only. 10. Settlement. Counsel in cases which settle before the trial date shall notify NAME AND TITLE at to permit scheduling of other cases for trial. TELEPHONE NO. Justice Date 8/04 54 American LegalNet, Inc. www.USCourtForms.com