UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-22671-CIV-ALTONAGA/Torres

DELIO BATISTA, et al., 

Plaintiffs, 

v. 

AVANT ASSURANCE INC., et al., 

Defendants.

_______________________________/ 

ORDER PROVIDING INSTRUCTIONS FOR JURY TRIAL

THIS CAUSE came before the Court sua sponte. It is hereby: 

ORDERED AND ADJUDGED as follows: 

EVIDENTIARY MATTERS

1. In preparation for the jury trial scheduled to commence during the two-week trial 

period beginning July 3, 2023, counsel shall meet and prepare an Exhibit Notebook, consisting 

of three (3) divisions. The first division shall contain the parties’ joint exhibits; the second 

division shall contain Plaintiffs’ exhibits; and the third division shall contain Defendants’ 

exhibits. Those exhibits which are joint shall not be repeated in the second or third divisions of 

the notebook. Each division shall be clearly and adequately designated (tabbed) and each exhibit 

appropriately labeled. The first page after each tab shall be a face page identifying the exhibit by 

number and type (i.e., Joint, Plaintiffs’ or Defendants’). The Exhibit Notebook shall also include 

an exhibit index. The parties shall include in the Notebook only those exhibits that are 

considered absolutely necessary. The failure to include any particular exhibit in the Notebook, 

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however, shall not preclude admission of any exhibit that was properly listed on the party’s 

pretrial exhibit list. 

2. At the calendar call on June 27, 2023, the parties shall submit to the Court the index 

of the exhibits in the Exhibit Notebook. The index must be prepared on Form AO 187, with 

objections to exhibits indicated. Counsel shall each have a copy of the Exhibit Notebook and 

shall provide a copy to the Court on the first day of trial. To the extent possible, the Court will 

rule on all objections at that time. 

3. Following the Court’s rulings on motions in limine and objections to exhibits, counsel 

shall revise the Exhibit Notebook (including the Court’s and each counsel’s copy) in accordance 

with the Court’s rulings. The revised Exhibit Notebook shall contain only those Exhibits to 

which there is no objection. 

4. Subsequent to the Court’s ruling on any pending motions in limine, the parties shall 

submit: (a) an updated assessment of the estimated time required for the trial of this action; and 

(b) a list indicating each witness who will testify at trial, a one sentence synopsis of the 

testimony, and in consultation with opposing counsel, the amount of time needed for direct and 

cross examination. 

JURY SELECTION

5. The Court shall, in most cases, conduct voir dire. At or before calendar call, each 

side may file and serve requested voir dire questions. The Court will use the parties’ proposed 

voir dire, plus have each member of the jury panel answer written biographical questions. 

Following this two-part initial voir dire, each side may, at the Court’s discretion, have additional 

time per party to conduct supplemental voir dire. 

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6. Counsel shall meet and prepare a concise, non-argumentative statement of the case to 

be read to the jury in connection with voir dire. The statement shall be filed with the Court also 

at or before the calendar call. 

INSTRUCTIONS REGARDING THE USE OF DEPOSITIONS AT TRIAL

If deposition transcripts will be used at trial, the parties shall comply with the following 

guidelines: 

7. At least twenty-eight (28) days in advance of trial, Plaintiff(s) shall serve designations 

of any deposition transcripts it intends to use at trial. At least twenty-one (21) days in advance of 

trial, Defendant(s) shall serve its counter-designations, together with any objections to 

Plaintiff(s)’ designations. At least fourteen (14) days in advance of trial, Plaintiff shall serve any 

rebuttal designations, together with any objections to Defendant(s)’ counter-designations. At 

least seven (7) days in advance of trial, Defendant(s) shall serve any objections to Plaintiff(s)’ 

rebuttal designations. 

8. By the calendar call, the parties shall prepare and JOINTLY FILE one transcript for 

each deposition to be used during trial. The parties shall edit the transcript, using a minitranscript when available, to remove all irrelevant, extraneous and unnecessary pages. Each 

portion of the testimony designated shall be bracketed to indicate beginning and end. A notice of 

filing setting forth each party’s designated testimony by line and page, and setting forth all 

objections, shall be filed with the transcript. In addition to listing objections in the notice of 

filing, the objections shall also be indicated in the margin of the transcript. The parties may 

either write their objections in the margins, or use logical abbreviations that will be apparent to 

the Court and other parties (for example “H” for hearsay). If the parties use abbreviations, the 

notice of filing must include a key for the Court’s reference.

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9. A courtesy copy of the notice and transcript shall be delivered to chambers at the time 

of filing. Each party shall mark the courtesy copy of the transcript with a different color ink or 

highlighter to identify its designated portions of the transcript. 

MISCELLANEOUS INSTRUCTIONS

10. If the case is settled, counsel shall inform the Court promptly by calling the Judge’s 

Chambers and submit an appropriate order for dismissal with prejudice, pursuant to Fed. R. Civ. 

P. 41(a)(1). The proposed order SHALL be filed no later than five (5) days after notice of 

settlement is given to the Court. In any event, the deadline for submitting any notice of 

settlement is noon the day before the first day of trial, to give the Court sufficient time to make 

changes to the calendar and any requests for the summoning of jurors. 

11. In order to facilitate the accurate transcription of the trial proceeding by the court 

reporter, no later than five (5) days prior to the scheduled trial period the parties shall file copies 

of: (1) the witness and exhibit lists, and (2) a designation of unique proper nouns/names which 

may be raised at trial. Furthermore, no later than five (5) days prior to the scheduled trial period 

they shall deliver to the court reporter digital copies of all exhibits to be used at trial.

12. Non-compliance with any provision of this Order may subject the offending 

party to sanctions or dismissal. 

All dates established by prior Court Order remain in effect, except that, to the extent any 

of the provisions of this Order conflict with a prior Court Order, this Order controls. 

DONE AND ORDERED in Miami, Florida, this 23rd day of June, 2023. 

 _________________________________ 

 CECILIA M. ALTONAGA

CHIEF UNITED STATES DISTRICT JUDGE

cc: counsel of record 

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