Preview
Filing # 147297044 E-Filed 04/07/2022 08:12:49 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY, FLORIDA
CASE NUMBER: 2020-CA-001106
CIVIL DIVISION: 20
;
' XIAO SHENG
Plaintiff,
YUE, |
vs.
CYNTHIA M. FOERSTER AND | .
' CHAPP, INC.,
Defendants.
,
UNIFORM ORDER SETTING CASE FOR JURY TRIAL AND PRE-TRIAL CONFERENCE
AND REQUIRING PRE-TRIAL MATTERS TO BE COMPLETED |
: (Division 20 - Revised May 1, 2020) | !
It appearing that this case is at issue and ready to be set for trial, it is ORDERED as follows: . |
1. FAMILIARITY WITH THIS ORDER. Counsel andpro se (unrepresented) parties shall |
read this order, be familiar with its contents and comply with its requirements. FAILURE TO COMPLY
WITH ALL REQUIREMENTS OF THIS ORDER MAY RESULT IN THE IMPOSITION OF |
SANCTIONS. [
1
,
2. REFERRAL TO MEDIATION; DEADLINE. This case is hereby referred to mediation.
The parties shall immediately consult and agree
on a mediator and a date for mediation. Plaintiffs counsel
shall submit a proposed Mediation Order to the Court within ten (10) days of the date of this Order. Court- L
ordered mediation shall be completed prior to the Pre-Trial Conference.
| |
3. TRIAL DATE. This case is set for a Jury Triai during the three (3) week triai docket
beginning MARCH 20, 2023, in Courtroom 5-E at 9:00 am at the Osceola County Courthouse, 2
Courthouse Square, Kissimmee, Florida 34741. F
Length of time currently estimated for trial is: 4 DAYS. |
. 4. PRE-TRIAL CONFERENCE. Lead Trial Counsel and pro se parties shall attend a Pre-
Trial Conference on FEBRUARY 6, 2023, at 2:00 p.m., in Courtroom 5-E. Telephonic and video
appearances may be arranged. Please contact the judicial assistant or check the website for Division 20’s
Remote Appearances Procedures.
5. EXPERT WITNESSES: DISCLOSURE; DEADLINES; TESTS; EXAMINATIONS;
EXPERIMENTS; AND LIMITATION AT TRIAL. |
;
; Revised May 1, 2020
Division 20 - Uniform Trial Order |i
: (a) No less than 90 days before the Pre-Trial Conference, Plaintiff(s) shall disclose all expert
witnesses (including treating experts) that in good faith, Plaintiff{s) actually intends to testify at trial. |
| (b) Within fifteen (15) days of the Plaintiff(s)’ disclosure of experts, the Defendant(s) shall
disclose all expert witnesses that in good faith, Defendant(s) actually intends to testify at trial.
(c) As used herein, “disclose” means furnishing in writing (i) the expert’s name, business
address and telephone number, (ii) his or her curriculum vitae or qualifications, (iii) his or her medical
specialty or field of expertise, (iv) a statement of the specific subjects upon which the expert will testify
and offer opinions and (v) the party or parties against whom the expert will be called to testify. Any changes
in an expert’s opinion or changes in the basis of the expert’s opinion must be disclosed to all parties no less
than forty-five (45) days prior to the Pre-Trial Conference.
(d) Parties disclosing expert(s) shall provide opposing counsel three (3) proposed deposition I
dates for each expert disclosed. Opposing Counsel shall select one of the dates provided within five (5) -
business days of receipt of disclosure or request additional dates. If requested, new deposition dates shall
be provided to opposing counsel within five (5) days of the request. The party receiving the alternate dates
shall select one of the dates provided within five (5) days of the receipt thereof. The parties shall attend ex
parte or short matters before the undersigned within ten (10) days if, at this point, the parties are unable to
schedule expert depositions. 5
* (e) All out-of-courttesting, experiments or physical or mental examinations by experts must
be completed prior to the expert’s deposition.
|
(f) Experts will be made available for deposition by the party retaining them without
necessity of subpoena. The Court may limit the number of experts at trial.
6. EXCHANGE OF WITNESS LISTS AND EVIDENCE SCHEDULES. No less than sixty
(60) days before the Pre-Trial Conference, attorneys and pro se parties shall serve the following:
. | |
(a) A list of all witnesses including potential impeachment and rebuttal witnesses who may
testify at trial. The list shall provide the name, address and telephone number of the witness and shall |
specify whether the witness is a liability, damage, rebuttal or impeachment witness.
(b) A schedule of all exhibits, including depositions, a party may offer at trial, lettered
sequentially.
insufficient.
Exhibits shall be described with specificity. For example, “all medical records” is. |
7. ADDITIONALREQUIREMENTSPRIORTOPRETRIAL CONFERENCE. |
(a) No less than 30 days prior to the Pre-Trial Conference, each party shall serve
designations of the depositions it intends to offer at trial. No less than 20 days prior to Pre-Trial
Conference, the parties shall serve counter (or “fairness”) designations. Disputes over deposition
designations must be heard by the Court no less than five (5) business days before the first day of
Trial. Ifthe parties cannot resolve disputes over deposition designations, and no hearing time can !
be coordinated, the parties shall submit a properly marked copy of the transcript and a proposed
order identifying the page and line of the designations and of the objections that must be ruled on
by the, Court no less) than five (5) business days before the first day ofTrial. i
_ Page 2 of 8
(b) Jury Instructions. The parties shall exchange proposed jury instructions and Verdict forms -
no later than thirty (30) working days prior to the Pre-Trial Conference. .
(c) No later than fifteen (15) days prior to the Pre-Trial Conference, lead counsel and pro se
parties, if any, shall meet either live or by video. Live or video attendance at this meeting by lead trial i
counsel is mandatory. Plaintiff's attorney (or if Plaintiff is pro se, Defendant’s attorney) shall arrange a
mutually agreeable time, date and place for this meeting and, if the meeting is to occur by video, shall also
arrange the video conference and provide the information to all counsel/parties.
At the meeting the attorneys, andpro se parties, shall:
||
' |. Discuss and attempt to settle the case.
, 2. Produce all documents to be offered at trial. Exhibits must be Bates stamped in any
case in which more than fifty (50) exhibits are involved.
3. Examine, and initial every exhibit to be produced by the opposing side(s) at trial.
The Parties shall agree on those exhibits which will be admitted as joint exhibits and
those which can be admitted without objection. The parties shall then identify all other
exhibits
reflectingand specify
these any categories
separate objections ofthereto. “Exhibit
exhibits for eachSchedules”
Party. Theshall thenSchedules
Exhibit be preparedfor ||
each party shall be attached to the Joint Pre-Trial Statement described below. ANY
OBJECTIONS NOT NOTED ARE WAIVED.
4. Review opposing parties’ witness lists. Witness lists for each Party shall be attached
to the Joint Pre-Trial Statement described below. |
|
5. Discuss and stipulate to any facts requiring no proof at trial.
. 6. Discuss, clarify and frame all factual issues of fact to be tried.
7. Identify all legal, procedural or evidentiary issues to be decided prior to or during trial.
8. Discuss any evidentiary stipulations.
9. Agree upon and draft a concise statement of the case to be read by the Court at the
beginning of voir dire.
10. Discuss the proposed jury instructions (voir dire through closing) and verdict forms. |
The Court will instruct the jury on the law prior to opening statements: discuss which i
Jury instructions are to be read at that time. For Standard Jury Instructions — Civil Cases,
see www. floridasupremecourt.org. The parties shail prepare the following: ;
. (i.) All Agreed Jury Instructions, including Supreme Court instructions for voir |
dire, instructions prior to opening, instructions prior to closing argument and
instruction following closing arguments.
(ii.) All disputed instructions identifying the Party proposing it/them and the
phase of the Trial for which the instruction is proposed.
|
Page 3 of 8
(iii.) The above versions ofJury Instructions shall be prepared to include a cover
page reflecting the style of the case, an appropriate title, with instructions
!
, following in paragraph form without Jury Instruction numbers, headers or
brackets. Instructions shall be 14-point, Times New Roman and double spaced.
Pages shall be numbered.
{iv.) The proposed jury instructions and verdict form(s) shall be provided to the
Court at the Pre-Trial Conference in hard copy ANDa digital copy shall be sent to
the Judicial Assistant at ctiawbl @ocnjcc.org in WORD FORMAT.
11. Discuss and attempt to agree upon any other matters leading to a more orderly and
expeditious trial, e.g. copies in lieu of originals, witnesses out of turn, etc.
12. Discuss and exchange all demonstrative aids, including presentations board, models, |
. picture video/computer presentations, reenactments and animations. . |
8. JOINT PRE-TRIAL STATEMENT. No less than ten (10) days before the Pre-Trial
Conference, Plaintiffs attomey (orDefendant’s attorney, if Plaintiff is pro se) shall serve a “Proposed Joint
Pre-Trial Statement” reflecting any and all agreements and disputes as to the matters listed below. The
Parties shail immediately thereafter attempt to resolve any disputes in the Proposed Joint Pre-Trial
Statement. A Joint Pre-Trial Statement addressing the matters described below shall then be prepared, filed
and served no less than five (5) days before the Pre-Trial Conference. The original shall be filed with
the Clerk and one hard copy shall be delivered to the judge no later than 5 business days prior to the Pre- |
trial Conference. , |
. |
(a): The Joint Pre-Trial Statement shall contain the following: |
| 1.
Preview
Filing # 147297044 E-Filed 04/07/2022 08:12:49 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NUMBER: 2020-CA-001106 CIVIL DIVISION: 20 ; ' XIAO SHENG Plaintiff, YUE, | vs. CYNTHIA M. FOERSTER AND | . ' CHAPP, INC., Defendants. , UNIFORM ORDER SETTING CASE FOR JURY TRIAL AND PRE-TRIAL CONFERENCE AND REQUIRING PRE-TRIAL MATTERS TO BE COMPLETED | : (Division 20 - Revised May 1, 2020) | ! It appearing that this case is at issue and ready to be set for trial, it is ORDERED as follows: . | 1. FAMILIARITY WITH THIS ORDER. Counsel andpro se (unrepresented) parties shall | read this order, be familiar with its contents and comply with its requirements. FAILURE TO COMPLY WITH ALL REQUIREMENTS OF THIS ORDER MAY RESULT IN THE IMPOSITION OF | SANCTIONS. [ 1 , 2. REFERRAL TO MEDIATION; DEADLINE. This case is hereby referred to mediation. The parties shall immediately consult and agree on a mediator and a date for mediation. Plaintiffs counsel shall submit a proposed Mediation Order to the Court within ten (10) days of the date of this Order. Court- L ordered mediation shall be completed prior to the Pre-Trial Conference. | | 3. TRIAL DATE. This case is set for a Jury Triai during the three (3) week triai docket beginning MARCH 20, 2023, in Courtroom 5-E at 9:00 am at the Osceola County Courthouse, 2 Courthouse Square, Kissimmee, Florida 34741. F Length of time currently estimated for trial is: 4 DAYS. | . 4. PRE-TRIAL CONFERENCE. Lead Trial Counsel and pro se parties shall attend a Pre- Trial Conference on FEBRUARY 6, 2023, at 2:00 p.m., in Courtroom 5-E. Telephonic and video appearances may be arranged. Please contact the judicial assistant or check the website for Division 20’s Remote Appearances Procedures. 5. EXPERT WITNESSES: DISCLOSURE; DEADLINES; TESTS; EXAMINATIONS; EXPERIMENTS; AND LIMITATION AT TRIAL. | ; ; Revised May 1, 2020 Division 20 - Uniform Trial Order |i : (a) No less than 90 days before the Pre-Trial Conference, Plaintiff(s) shall disclose all expert witnesses (including treating experts) that in good faith, Plaintiff{s) actually intends to testify at trial. | | (b) Within fifteen (15) days of the Plaintiff(s)’ disclosure of experts, the Defendant(s) shall disclose all expert witnesses that in good faith, Defendant(s) actually intends to testify at trial. (c) As used herein, “disclose” means furnishing in writing (i) the expert’s name, business address and telephone number, (ii) his or her curriculum vitae or qualifications, (iii) his or her medical specialty or field of expertise, (iv) a statement of the specific subjects upon which the expert will testify and offer opinions and (v) the party or parties against whom the expert will be called to testify. Any changes in an expert’s opinion or changes in the basis of the expert’s opinion must be disclosed to all parties no less than forty-five (45) days prior to the Pre-Trial Conference. (d) Parties disclosing expert(s) shall provide opposing counsel three (3) proposed deposition I dates for each expert disclosed. Opposing Counsel shall select one of the dates provided within five (5) - business days of receipt of disclosure or request additional dates. If requested, new deposition dates shall be provided to opposing counsel within five (5) days of the request. The party receiving the alternate dates shall select one of the dates provided within five (5) days of the receipt thereof. The parties shall attend ex parte or short matters before the undersigned within ten (10) days if, at this point, the parties are unable to schedule expert depositions. 5 * (e) All out-of-courttesting, experiments or physical or mental examinations by experts must be completed prior to the expert’s deposition. | (f) Experts will be made available for deposition by the party retaining them without necessity of subpoena. The Court may limit the number of experts at trial. 6. EXCHANGE OF WITNESS LISTS AND EVIDENCE SCHEDULES. No less than sixty (60) days before the Pre-Trial Conference, attorneys and pro se parties shall serve the following: . | | (a) A list of all witnesses including potential impeachment and rebuttal witnesses who may testify at trial. The list shall provide the name, address and telephone number of the witness and shall | specify whether the witness is a liability, damage, rebuttal or impeachment witness. (b) A schedule of all exhibits, including depositions, a party may offer at trial, lettered sequentially. insufficient. Exhibits shall be described with specificity. For example, “all medical records” is. | 7. ADDITIONALREQUIREMENTSPRIORTOPRETRIAL CONFERENCE. | (a) No less than 30 days prior to the Pre-Trial Conference, each party shall serve designations of the depositions it intends to offer at trial. No less than 20 days prior to Pre-Trial Conference, the parties shall serve counter (or “fairness”) designations. Disputes over deposition designations must be heard by the Court no less than five (5) business days before the first day of Trial. Ifthe parties cannot resolve disputes over deposition designations, and no hearing time can ! be coordinated, the parties shall submit a properly marked copy of the transcript and a proposed order identifying the page and line of the designations and of the objections that must be ruled on by the, Court no less) than five (5) business days before the first day ofTrial. i _ Page 2 of 8 (b) Jury Instructions. The parties shall exchange proposed jury instructions and Verdict forms - no later than thirty (30) working days prior to the Pre-Trial Conference. . (c) No later than fifteen (15) days prior to the Pre-Trial Conference, lead counsel and pro se parties, if any, shall meet either live or by video. Live or video attendance at this meeting by lead trial i counsel is mandatory. Plaintiff's attorney (or if Plaintiff is pro se, Defendant’s attorney) shall arrange a mutually agreeable time, date and place for this meeting and, if the meeting is to occur by video, shall also arrange the video conference and provide the information to all counsel/parties. At the meeting the attorneys, andpro se parties, shall: || ' |. Discuss and attempt to settle the case. , 2. Produce all documents to be offered at trial. Exhibits must be Bates stamped in any case in which more than fifty (50) exhibits are involved. 3. Examine, and initial every exhibit to be produced by the opposing side(s) at trial. The Parties shall agree on those exhibits which will be admitted as joint exhibits and those which can be admitted without objection. The parties shall then identify all other exhibits reflectingand specify these any categories separate objections ofthereto. “Exhibit exhibits for eachSchedules” Party. Theshall thenSchedules Exhibit be preparedfor || each party shall be attached to the Joint Pre-Trial Statement described below. ANY OBJECTIONS NOT NOTED ARE WAIVED. 4. Review opposing parties’ witness lists. Witness lists for each Party shall be attached to the Joint Pre-Trial Statement described below. | | 5. Discuss and stipulate to any facts requiring no proof at trial. . 6. Discuss, clarify and frame all factual issues of fact to be tried. 7. Identify all legal, procedural or evidentiary issues to be decided prior to or during trial. 8. Discuss any evidentiary stipulations. 9. Agree upon and draft a concise statement of the case to be read by the Court at the beginning of voir dire. 10. Discuss the proposed jury instructions (voir dire through closing) and verdict forms. | The Court will instruct the jury on the law prior to opening statements: discuss which i Jury instructions are to be read at that time. For Standard Jury Instructions — Civil Cases, see www. floridasupremecourt.org. The parties shail prepare the following: ; . (i.) All Agreed Jury Instructions, including Supreme Court instructions for voir | dire, instructions prior to opening, instructions prior to closing argument and instruction following closing arguments. (ii.) All disputed instructions identifying the Party proposing it/them and the phase of the Trial for which the instruction is proposed. | Page 3 of 8 (iii.) The above versions ofJury Instructions shall be prepared to include a cover page reflecting the style of the case, an appropriate title, with instructions ! , following in paragraph form without Jury Instruction numbers, headers or brackets. Instructions shall be 14-point, Times New Roman and double spaced. Pages shall be numbered. {iv.) The proposed jury instructions and verdict form(s) shall be provided to the Court at the Pre-Trial Conference in hard copy ANDa digital copy shall be sent to the Judicial Assistant at ctiawbl @ocnjcc.org in WORD FORMAT. 11. Discuss and attempt to agree upon any other matters leading to a more orderly and expeditious trial, e.g. copies in lieu of originals, witnesses out of turn, etc. 12. Discuss and exchange all demonstrative aids, including presentations board, models, | . picture video/computer presentations, reenactments and animations. . | 8. JOINT PRE-TRIAL STATEMENT. No less than ten (10) days before the Pre-Trial Conference, Plaintiffs attomey (orDefendant’s attorney, if Plaintiff is pro se) shall serve a “Proposed Joint Pre-Trial Statement” reflecting any and all agreements and disputes as to the matters listed below. The Parties shail immediately thereafter attempt to resolve any disputes in the Proposed Joint Pre-Trial Statement. A Joint Pre-Trial Statement addressing the matters described below shall then be prepared, filed and served no less than five (5) days before the Pre-Trial Conference. The original shall be filed with the Clerk and one hard copy shall be delivered to the judge no later than 5 business days prior to the Pre- | trial Conference. , | . | (a): The Joint Pre-Trial Statement shall contain the following: | | 1.