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

(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 hearings on contested matters. This procedure is known as the "alternate direct testimony procedure." Counsel is 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 contested matters. 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 hearing on a contested matter 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 hearing on the contested matter;

(3) Two (2) business days before trial or the hearing on a contested matter each party must lodge with the courtroom deputy clerk of the judge to whom the matter is assigned, one (1) copy of all declarations and exhibits that the party intends to present at trial, and an 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. Copies of exhibits lodged with the clerk must be premarked by counsel, and must be accompanied by a cover sheet index containing a brief description of each exhibit; and,

(4) Unless otherwise stipulated by the parties with approval of the court, the declarants must be made available for cross-examination at the trial.

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