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LR 16.4 Pretrial Filings and Exchanges

(a) Applicability. These requirements apply unless the court orders otherwise.

(b) Trial Briefs. Parties in civil cases must file and serve trial briefs on the first day of trial.

(c) Exhibits. Parties in civil cases must mark, number, and exchange all trial exhibits before trial. For good cause, the court may admit exhibits that are not marked, numbered, and exchanged before trial. During trial, each party must have its exhibits available as needed. After trial, each party must retain its exhibits.

(d) Jury Instructions.

(1) Parties in jury trials must file and serve on opposing counsel requested instructions on the first day of trial. In civil cases, they must include an instruction stating concisely the party's claim and theory of the issues. At any time before closing argument, a party may file and serve additional requested instructions that could not have reasonably been anticipated before trial.

(2) A party may file and serve with the requests a legal memorandum in support of the requested instructions. Parties may file and serve legal memoranda opposing requested instructions at any time before settlement of the instructions.

(3) Each requested instruction must:

(A) start on a separate page;
(B) be consecutively numbered;
(C) bear the case number;
(D) identify the requesting party; and
(E) cite supporting authority.

Comment: In criminal cases, the court's Standing Order for Discovery and Inspection and Fixing Motion Cut-Off Date in Criminal Cases governs certain pretrial obligations.

March 02, 1998


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