Sample Trial Order
From MN Bench Book - Trial Procedures & Practices for Judges
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type:______________ ________________________________________ _______________,
Court File No.: ______________
Based on the information presented to this Court,
IT IS HEREBY ORDERED:
That the above case is alerted to be tried during the four (4) week block period from _______________________. A trial list for this period is enclosed. Cases will be tried in the order they are on the list, from top to bottom. Trial counsel is expected to monitor the calendar through direct communication with counsel for the cases ahead of them. Counsel will be given as much advance notice as possible prior to the calling of the above case, and a minimum of two (2) hours will be given. Counsel shall try their case when called.
All attorneys are hereby alerted:
1. A continuance will not be granted except for the most extraordinary and unforeseeable events. Requests for a continuance and reasons therefor must be submitted in writing and to the undersigned within ten (10) days of receipt of this notice and a copy of the request furnished to other attorneys of record within the time provided.
2. Counsel shall immediately notify the trial judge in writing of any disposition of the case prior to trial.
To assist the Court and counsel in achieving a just, speedy and less costly determination of cases pending before this Court,
IT IS HEREBY ORDERED that counsel shall meet and accomplish the following on or before ____________________ (10-14 days before trial block):
1. Exchange and file lists of exhibits that will be offered in evidence at trial. Make exhibits available for examination, inspection and copying by all counsel. All exhibits must be pre-marked by counsel (Plaintiff(s) shall mark exhibits with odd numbers and Defendant(s) shall mark exhibits with even numbers) in the order in which counsel anticipates they will be offered at trial. If the parties cannot stipulate as to receipt of any exhibit, counsel shall be File in the ____________ Judicial District Court a document specifying the exhibit and the grounds for the objection to the exhibit with authorities.
2. Stipulate as to all uncontested facts and matters not in controversy.
3. Prepare, exchange, and file names and addresses of all prospective witnesses.
4. Furnish the Court a trial memorandum to include, but not be restricted to, disputed issues of law with authorities. File motions in limine, proposed requested instructions and proposed Special Verdict forms separately.
5. In the event that counsel has questions regarding the availability of witnesses at trial, depositions shall be taken and completed by the above date for use at trial.
Failure to comply with the provisions of this order may result in the imposition of sanctions to include striking of pleadings, refusal to allow support or opposition to certain designated claims or defenses, dismissal of the action or default judgment. A failure to furnish instructions and/or proposed interrogatories or questions will be deemed a waiver by each party as to their right to a trial by jury on the issue so omitted pursuant to the provisions of Rule 49.01(a) of the Minnesota Rules of Civil Procedure. Counsel should be prepared to offer evidence in a timely manner, and the Court will not grant continuances to produce witnesses or evidence except in the most extraordinary circumstances.
BY THE COURT: