Exhibit list instructions for judge winmill district of idaho form
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UNITED STATES DISTRICT COURTDistrict of Idaho
Exhibit List Instructions Judge B. Lynn Winmill
1. Counsel are required by the Court’s Scheduling Order and Local Rule to pre-mark exhibits. Parties should submit the original and two copies of all marked exhibits alongwith the same number of exhibit lists prior to trial. The Court’s own Exhibit List formmust be used, and may be obtained from the Courtroom Deputy, either in hard copy or ona 3.5" disk provided by counsel (WordPerfect 6.1 Format). a.If the exhibit list has been obtained in hard copy, the first page should be completed with all identifying information about the case, and should list the first 5exhibits. Descriptions of the exhibits should be limited to the space provided. Asecond page is provided and may be photocopied for any additional exhibits. Allsubsequent pages should be numbered.
b. If the exhibit list has been obtained on disk, the rows will expand to accommodatethe space necessary to fully identify the exhibits. Additional rows will beautomatically added by pressing Tab in the Comments column of the last row. Pages are automatically numbered, and a header row will automatically appear onall subsequent pages.
2. Counsel are strongly encouraged to meet before trial to attempt to reach a stipulation as to the admissibility of exhibits . If counsel do meet, the exhibit list should
identify any stipulations reached by counsel. It would also be helpful to the Court to identify any objections which counsel have to each exhibit. It is the Court’s experiencethat an effort to identify stipulations and objections to exhibits will assist counsel in betterpreparing for trial, will provide the Court with appreciated guidance as to potentialevidentiary disputes, and will expedite the trial. If counsel are not able to meet, leave boththe Stipulation and Objection Columns blank, since they will be used by the Court.
3. If the exhibit list indicates that counsel have stipulated to the admission of the exhibit, theexhibit will be immediately admitted into evidence upon it being offered by counsel. Ifsuch a stipulation is noted on the exhibit list, opposing counsel will not be asked if theyhave any objection to the exhibit.
4. If the exhibit list indicates that counsel have reached a partial stipulation as to an exhibit(e.g., foundation, authenticity, or business record exception to the hearsay rule), it will not
be necessary for counsel to cover such matters with a witness. Counsel should note thepartial stipulation, and offer the exhibit so that the Court can rule on opposing counsel’sobjections.
5.The exhibit list should be completed in accordance with the following instructions. a.Complete the case information section on the first page. Complete the Exhibit Number and Description Columns for all exhibits. Complete the Stipulation andObjection Columns as appropriate. Leave the remaining columns blank.
b. The plaintiff’s exhibits should be numbered 1-999; defendant’s exhibits should benumbered 1001-1999. If there are more than one defendant or if there are jointexhibits, successive blocks of numbers should be used, i.e. 2001-2999, 3001-3999,etc. Counsel should reach agreement on assigned numbers before the exhibits arepremarked.
c. A stipulation to the admission of the exhibit, should be indicated by marking theStipulation column with “ADM.” A partial stipulation should be indicated by anabbreviation indicating the nature of the stipulation, e.g. authenticity (AUTH),
foundation (FND), relevance (REL), business record exception (BRE). If nostipulation has been reached then leave blank.
d. Objections should be noted by abbreviation or by reference to F.R.E., e.g.Relevance (REL or 402).
e. The following is an example of how the exhibit list should be completed.
Case Name: Plaintiff’s Attorney:
ABC Corporationvs.XYZ Corporation Jane Roe Defendant’s Attorney: John Doe
Docket No.: Trial Dates: Courtroom Deputy:
97-00032-S-BLW March 10-24 Ladonna Garcia
Presiding Judge: Court Reporter:
B. Lynn Winmill Joe Roden
Party Offering Exhibits: Defendant Exhibit DateStipulation ObjectionRuling Description Notes
Number Offered
1001 ADM 3/1/95 Prospectus for XYZ Class A Common Stock
1002 FNDREL 2/25/95 Letter from David Brown to CEO of XYZ
BRE Corporation
1003 AUTH2/1/95 Handwritten notes of meeting between
REL David Brown and Janet Henry.
UNITED STATES DISTRICT COURTDistrict of Idaho
Exhibit List
Case Name: Plaintiff’s Counsel:
vs. Defendant’s Counsel:
Docket No.: Trial Dates: Courtroom Deputy: Ladonna Garcia
Presiding Judge: Court Reporter:
B. Lynn Winmill Joe Roden
Party Offering Exhibits:
Instructions
% Complete only the Exhibit Number, Stipulation, Objection, and Description Columns.
% A stipulation to the admission of the exhibit, should be indicated by marking the Stipulation column with “ADM.” A partial stipulation
should be indicated by an abbreviation indicating the nature of the stipulation, e.g., authenticity (AUTH), foundation (FND), relevance (REL),
business record exception (BRE). If no stipulation has been reached then leave blank. % Objections should be noted by abbreviation or by reference to F.R.E., e.g., relevance (REL or 402).
% More detailed instructions may be obtained from the Deputy Clerk and are provided with the accompanying materials.
Exhibit DateStipulation ObjectionRuling Description Notes
Number Offered
Exhibit DateStipulation ObjectionRuling Description Notes
Number Offered
Page ___
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