West Palm Beach Florida car accident Final Pretrial Order (regarding this west palm beach car accident case)
In the __________ Court of ___________ County, ____________

)
_______________, Plaintiff )
)
vs. ) Case No. __________
)
_______________, Defendant )
FINAL PRETRIAL ORDER (REGARDING THIS WEST PALM BEACH CAR ACCIDENT CASE)
AND NOW, this ____ day of __________, 2006, after holding a pretrial conference with the parties, IT IS ORDER (REGARDING THIS WEST PALM BEACH CAR ACCIDENT CASE) ED as follows:
1. This matter is scheduled for jury trial to begin on Monday, _____________, 2007, at 9:00 a.m.
2. All discovery, including expert discovery, is complete.
3. No further dispositive motions shall be filed.
4. On or before 3 weeks before trial, counsel for each party shall serve upon counsel for every other party:
(A) The original or a copy of each exhibit they expect to offer at trial in furtherance of their respective contentions. Each party shall mark their trial exhibits in advance of trial with consecutive numbers appropriately prefixed with an identifying letter of counsel’s choice (i.e., P-1, P-2, D-1, D-2); (B) curriculum vitae for each expert witness expected to testify; and (C) a specific designation of each discovery item, including specific lines of deposition testimony, answers to interrogatories, requests for admission, documents, photographs and the like, to be offered into evidence.
5. All parties shall prepare and file with the Clerk of Court and a copy to Chambers, their Pretrial Brief in accordance with this Order (regarding this west palm beach car accident case) and Local Rule of Civil Procedure 16.1(c), plus a stipulation of uncontested facts as described in Local Rule 16.1(d)2(b)(2)(A) through (E) on or before 2 weeks before trial.
6. A final pretrial conference will be scheduled approximately three working days prior to the trial date.
7. Any party having an objection to: (A) the admissibility of any exhibit based on authenticity; (B) the adequacy of the qualifications of an expert witness expected to testify; or (C) the admissibility for any reason (except relevancy) of any item of evidence expected to be offered shall set forth separately each such objection, clearly and concisely, in their Pretrial Brief. Such objection shall describe with particularity the ground and the authority for the objection. Unless the Court concludes at trial that manifest injustice will result, the Court can be expected to overrule any objection offered at trial in respect to any matter covered by Paragraph 4(A), (B), and/or (C) above, if the Court concludes that the objection should have been made as required by this Order (regarding this west palm beach car accident case) .
8. (A) No later than 3 weeks before trial, any party expecting to offer expert opinion testimony shall declare such intent in a written offer of proof filed and served on all opposing parties (with a courtesy copy to Chambers). Such declaration must include at least the name of each such witness, the opinion to be offered, the basis for the opinion, and if not disclosed by prior discovery, the background, training, experience and contact with the facts of the case sufficient to lay a foundation for the opinion.
(B) Any party objecting to the admissibility of any proffered expert opinion shall include an objection clearly and concisely in their pretrial memorandum. No party shall include any such objection on the basis that the expert opinion or lay opinion provided is vague, incomplete or ambiguous unless counsel for the objecting party has attempted to resolve such perceived failings with the offering party and certifies to that effort and the results in the written objection.
9. If any party desires an “offer of proof” as to any witness or exhibit expected to be offered, that party shall inquire of counsel prior to trial for such information. If the inquiring party is dissatisfied with any offer provided, such party shall file a motion seeking relief from the Court prior to trial. THE COURT WILL NOT INTERRUPT TRIAL PROCEEDINGS ON THE APPLICATION OF ANY PARTY FOR AN “OFFER OF PROOF.”
10. Only the testimony of those witnesses and those exhibits, designated discovery items, and testimony of expert witness whose reports, depositions, and qualifications or lay opinion testimony have been furnished in the manner set forth in the _______ Rules of Civil Procedure and this Order (regarding this west palm beach car accident case) shall be considered by the Court for admission into evidence at trial, unless stipulated to by all affected parties and approved by the Court, or by Order (regarding this west palm beach car accident case) of Court so as to avoid manifest injustice.
11. Presentation of testimony by all witnesses in person in the Courtroom is preferred and expected by the Court. A stipulation of counsel that deposition testimony may be used at trial is not binding on the Court. If any party expects to contend that a witness is unavailable at the time of trial as defined in Rule of Civil Procedure 32(a)(3), and if the Court rules that deposition testimony may be used, the Court expects use of oral or videotape depositions at trial of any such witness whose testimony a party believes essential to the presentation of that party’s case, whether that witness is a party, a non-party or an expert. The unavailability of any such witness will not be a ground to delay the commencement or progress of an ongoing trial. In the event leave of Court is secured and a deposition is to be offered, the offering party shall file with the Court, prior to the commencement of the trial, a copy of the deposition transcript, but only after all efforts have been made to resolve objections with other counsel. Unresolved objections shall be noted in the margin of the deposition page(s) where a Court ruling is necessary and a covering list of such objections supplied therewith.
12. No later than the time of the final pretrial conference, each party shall submit proposed jury instructions IN DUPLICATE (ONE POINT PER PAGE) and/or proposed jury interrogatories IN DUPLICATE to the Court along with a word processing disk containing these jury instructions and/or interrogatories. The original proposed instructions and/or interrogatories shall be filed with the Clerk of the Court. On the first day of trial, each party shall respond or object in writing to each other’s proposed jury instructions and/or jury interrogatories, IN DUPLICATE (ONE POINT PER PAGE), by submission to Chambers. The original of these responses or objections shall be filed with the Clerk. Supplemental proposed jury instructions may be submitted only for good cause and with the permission of the Court. Two copies of all supplemental submissions and computer disk shall be made to Chambers. The original shall be filed with the Clerk.
13. Deposition transcripts for use at trial: Transcripts of all depositions in this case shall be submitted to chambers in hard copy and in WordPerfect 8.0 (or lower version) or ASCII format at 3.5” floppy disk no later than three days before the trial date.
Each deposition should be saved on a disk under the deponent’s last name and the date of the deposition. For example, if it is John Doe’s deposition from April 11, 2006, it should be saved as “smith411.” The name given to each deposition on the disk should make the deposition readily identifiable to the user. Multiple depositions may be saved on the same disk and that procedure is encouraged.
The basic purpose of these disks is to allow the court to search for and monitor the use of impeachment material when raised by counsel during cross-examination of a party or witness. The court will be searching the depositions on a laptop computer for specific pages using a combination of letters and the page number. Thus, the court prefers the page numbers of the depositions on the disks to be designated as “Page 4,” “PG4,” “P4,” or some other combination of letter(s) and page number.
14. At the commencement of trial: (A) the Court shall be supplied by all parties with TWO COPIES of each trial exhibit in a ring binder tabbed by exhibit number, and TWO COPIES of a schedule of exhibits which shall briefly describe each exhibit; (B) each party shall present in the Courtroom for use by the jury and opposing counsel, eight-ring binders tabbed by exhibit number, containing copies of each trial exhibit. Photocopies of all trial exhibits which are photographs shall be placed in the appropriate ring binder. Counsel will be responsible to place the original exhibits admitted into evidence on the shelf of the lectern during the trial. At the conclusion of the trial, counsel shall retrieve all original exhibits and preserve them for post-trial proceedings.
15. At least three days before the trial date, each party shall submit their proposed voir dire questions. The court will permit each party to conduct voir dire. Any objections to proposed voir dire shall be filed by the time of trial.
16. Extensions of time: Any necessary application for extension of any time deadlines, change in conference(s) or trial date(s) set forth in this Order (regarding this west palm beach car accident case) shall be made by written motion filed in conformity with Local Rule of Civil Procedure 8.1 and served no later than ten days prior to the date sought to be changed or extended. Any such motion shall include a factual verification of counsel or relevant party or witness showing good cause for the request and shall contain a statement of the position of all other parties as to the request.

Dated: _________________
_______________________
Circuit Judge