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Case No. 4:11cv107-RH/WCS

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

JAMES W. DAVIS,

Plaintiff,

v. CASE NO. 4:11cv107-RH/WCS

DEPARTMENT OF JUVENILE JUSTICE,

STATE OF FLORIDA,

Defendant.

______________________________________/

PRETRIAL ORDER

This order confirms and adds to the rulings announced at the pretrial 

conference on March 22, 2012. For the reasons set out on the record,

IT IS ORDERED:

1. The trial remains set for the trial period that begins on April 2, 2012. An 

attorney conference will begin at 8:15 a.m., followed immediately by jury 

selection. The remainder of the trial will begin on April 23 or April 30.

1

 Jury 

selection may be combined with one or more other cases.

 

1 At the pretrial conference, the plaintiff’s attorney noted a potential conflict on 

April 23. That conflict has cleared. There is some chance, though, that I will have 

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Case No. 4:11cv107-RH/WCS

2. Unless otherwise ordered before the striking of the jury begins, each side 

will have three peremptory challenges.

3. By March 30, 2012, a party may file a proposal for voir dire questions by 

the court. At the trial, a party may orally request voir dire questions by the court. 

After the court’s voir dire, a party may ask its own voir dire questions, but they 

must be reasonably calculated to develop information for use in exercising cause or 

peremptory challenges and must not include questions intended solely or primarily 

to establish a relationship with the jurors, condition the jurors, inform the jurors of 

the facts or issues in the case, elicit an agreement from the jurors on the facts or 

law or a possible verdict, or argue the case.

4. By April 16, 2012, a party must give notice of the pages and lines of 

deposition testimony the party will introduce at trial. By April 18, 2012, a party so 

notified must give notice of any other part of the deposition the party wishes to 

have introduced at the same time. By April 20, 2012, a party must give notice of 

any objection to the introduction of deposition testimony identified under this 

paragraph. An objection or disagreement must be brought to the court’s attention 

by the time of the attorney conference that precedes opening statements and the 

remainder of the trial. Notice under this paragraph must be given to each other 

 

to try another case on April 23. If so, the trial of this case will move to April 30. 

A final trial date should be available soon. The attorneys may stay in touch with 

the courtroom deputy clerk for updates. 

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party but need not be filed. Nothing in this paragraph affects the use of a 

deposition for impeachment of a testifying witness.

5. An exhibit offered at the trial (a) may be numbered in accordance with the 

exhibit list submitted as part of the pretrial stipulation, or (b) may be numbered in 

accordance with a more recent exhibit list filed with the consent of all parties. The 

pages of an exhibit must be numbered, or other means must be readily available for 

identifying each page. An exhibit must not be renumbered except as authorized by 

this paragraph. Every exhibit (or an exact copy) must be provided to the attorney 

for each other party by April 5, 2012, and must be read by an attorney for each 

other party by April 16, 2012. An objection not noted in the pretrial stipulation has 

been waived.

6. Materials that a party proposes to show the jury in opening statement must 

be disclosed in advance to an attorney for each other party.

7. The defendant’s summary-judgment motion, ECF No. 27, is DENIED.

8. The plaintiff’s motion, ECF No. 44, to extend the deadline for filing his 

affidavit is GRANTED. The affidavit is deemed timely.

 SO ORDERED on March 27, 2012.

s/Robert L. Hinkle

United States District Judge

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