Local Rule 9017. USE OF ALTERNATE DIRECT TESTIMONY AND EXHIBITS AT TRIALS AND EVIDENTIARY HEARINGS

(a) Purpose. The purpose of this procedure is to facilitate pretrial preparation and to streamline the introduction of direct testimony at trials of adversary proceedings and evidentiary hearings. This procedure is known as the "alternate direct testimony procedure." Attorneys are encouraged to use the alternate direct testimony procedure whenever possible.

(b) Stipulation for use. If all parties stipulate and the court approves, or if the court orders it, the alternate direct testimony procedure may be used in all trials of adversary proceedings or evidentiary hearings. In an adversary proceeding, the stipulation must be filed with the court no later than the time of the pretrial conference required by LR 7016 and 7026.

(c) Preparation of direct testimony and exhibits. Unless the court orders otherwise, each attorney must prepare a written declaration or affidavit of the direct testimony of each witness to be called, except hostile or adverse witnesses. The declaration or affidavit must be executed by the witness under penalty of perjury. Each statement of fact or opinion must be set forth in separate sequentially numbered paragraphs and must contain only matters that are admissible under the Federal Rules of Evidence. Declarations and affidavits must conform to the provisions of LR 9014(c).

(d) Submission of declarations, exhibits, and objections. Unless the court orders otherwise, copies of all declarations of witnesses and exhibits that are intended to be presented at trial or at the evidentiary hearing must be furnished to opposing counsel and lodged with the court as follows:

(1) The plaintiff or movant must submit to opposing counsel all declarations and exhibits in its case in chief not less than fourteen (14) business days before the trial or the hearing on the contested matter;

(2) The defendant or respondent must submit all declarations and exhibits in its case seven (7) business days before the trial or the evidentiary hearing;

(3) Five (5) business days prior to the trial or evidentiary hearing on a contested matter each party must lodge with the courtroom deputy clerk for the assigned judge : (i) the original and two (2) copies of all declarations or affidavits and exhibits that the party intends to present at the trial or hearing, which shall be sequentially numbered with a bates or other numbering system, bound, tabbed and accompanied by a properly completed “Exhibit Log,” that conforms to the local form found on the court’s website; and (ii) the original and one (1) copy of that party’s written objections to the admission of any of the declarations or exhibits of an opposing party, and,

(4) Unless otherwise stipulated by the parties with approval of the court, the witness testifying by declaration or affidavit must be made available for cross-examination at the trial or evidentiary hearing.

(e) Use of live testimony. Unless stipulated by the parties and approved by the court, all cross-examination, rebuttal, and surrebuttal must be by live testimony. Notwithstanding the provisions of this Rule, the Court, in its discretion, may allow the live direct examination of any witness..