Alternate Uniform Pretrial Scheduling Order For Use in Eminent Domain Proceedings (Rule 1:18B)
I. Trial
The trial date is scheduled for ______________________, commencing at ______ a.m., before _____ a freeholder jury, _____ panel of commissioners or _____ bench trial (select applicable option). The estimated length of trial is _____ days. If the case is set before a panel of commissioners, each party must submit nominations of at least six (6) qualified persons on or before _______________ so that at least nine (9) commissioners and two (2) alternates can be summoned for trial. Counsel for petitioner must prepare and submit a sketch order for the court's use in appointing and summoning commissioners for trial.
II. Discovery
The parties must complete discovery, including depositions, by 30 days before trial; however, depositions taken in lieu of live testimony at trial will be permitted until 15 days before trial. "Complete" means that all interrogatories, requests for production, requests for admissions and other discovery must be served sufficiently in advance of trial to allow a timely response at least 30 days before trial. Depositions may be taken after the specified time period by agreement of counsel of record or for good cause shown, provided however, that the taking of a deposition after the deadline established herein will not provide a basis for continuance of the trial date or the scheduling of motions inconsistent with the normal procedures of the court. The parties have a duty to seasonably supplement and amend discovery responses pursuant to Rule 4:1(e) of the Rules of Supreme Court of Virginia. Seasonably means as soon as practical. No provision of this Order supersedes the Rules of Supreme Court of Virginia governing discovery. Any discovery motion filed must contain a certification that counsel has made a good faith effort to resolve the matters set forth in the motion with opposing counsel.
III. Designation of Experts
If requested in discovery, petitioner's experts must be identified on or before 120 days before trial. If requested in discovery, defendant's and all other opposing experts must be identified on or before 90 days before trial. If requested in discovery, experts or opinions responsive to new matters raised in the opposing parties' identification of experts must be designated no later than 60 days before trial. If requested, all information discoverable under Rule 4:1(b)(4)(A)(i) of the Rules of Supreme Court of Virginia must be provided. An expert will not ordinarily be permitted to express any nondisclosed opinions at trial. The foregoing deadlines will not relieve a party of the obligation to respond to discovery requests within the time periods set forth in the Rules of Supreme Court of Virginia, including, in particular, the duty to supplement or amend prior responses pursuant to Rule 4:1(e).
IV. Dispositive Motions
All dispositive motions must be presented to the court for hearing as far in advance of the trial date as practical. All counsel of record are encouraged to bring on for hearing all demurrers, special pleas, motions for summary judgment or other dispositive motions not more than 60 days after being filed.
V. Exhibit and Witness List
Counsel of record must exchange 15 days before trial a list specifically identifying each exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and a list of witnesses proposed to be introduced at trial. The lists of exhibits and witnesses must be filed with the Clerk of the Court simultaneously therewith but the exhibits should not then be filed. Any exhibit or witness not so identified and filed will not be received in evidence, except in rebuttal or for impeachment or unless the admission of such exhibit or testimony of the witness would cause no surprise or prejudice to the opposing party and the failure to list the exhibit or witness was through inadvertence. Any objections to exhibits or witnesses must state the legal reasons therefor except on relevancy grounds, and must be filed with the Clerk of the Court and a copy delivered to opposing counsel at least five days before trial or the objections will be deemed waived absent leave of court for good cause shown.
VI. Pretrial Conferences
Pursuant to Rule 4:13 of the Rules of Supreme Court of Virginia, when requested by any party or upon its own motion, the court may order a pretrial conference wherein motions in limine, settlement discussions or other pretrial motions which may aid in the disposition of this action can be heard.
VII. Motions in Limine
Absent leave of court, any motion in limine which requires argument exceeding five minutes must be duly noticed and heard before the day of trial.
VIII. Witness Subpoenas
Early filing of a request for witness subpoenas is encouraged so that such subpoenas may be served at least 10 days before trial.
IX. Continuances
Continuances will only be granted by the court for good cause shown.
X. Instructions
Counsel of record must, two business days before trial, exchange proposed instructions. Any instructions from VMJI may be identified by instruction number. Counsel for petitioner must prepare and have available at the commencement of trial the originals of all agreed upon instructions. Each party may also submit originals and copies of all contested instructions with appropriate citations. This requirement will not preclude the offering of additional instructions at the trial.
XI. Deposition Transcripts to be Used at Trial
Counsel of record must confer and attempt to identify and resolve all issues regarding the use of depositions at trial. It is the obligation of the proponent of any deposition of any non-party witness who will not appear at trial to advise opposing counsel of record of counsel's intent to use all or a portion of the deposition at trial at the earliest reasonable opportunity. Other than trial depositions taken after completion of discovery under Paragraph II, designations of portions of non-party depositions, other than for rebuttal or impeachment, must be exchanged no later than 30 days before trial, except for good cause shown or by agreement of counsel. It becomes the obligation of the nondesignating parties of any such designated deposition to file any objection or counterdesignation within seven days after the proponent's designation. Further, it becomes the obligation of the non-designating parties to bring any objections or other unresolved issues to the court for hearing no later than 5 days before the day of trial.
XII. Transportation Arrangements
Counsel for petitioner is responsible for contacting the Sheriff's Department in advance of trial to assure that arrangements are in place to transport the commissioners/jury to and from the subject property.
XIII. Waiver or Modification of Terms of Order
Upon motion, the time limits and prohibitions contained in this order may be waived or modified by leave of court for good cause shown.