Preview
FILED: ONONDAGA COUNTY CLERK 02/16/2023 02:28 PM INDEX NO. 009708/2021
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/24/2023
SUPREME COURT CHAMBERS
ONONDAGA COUNTY COURTHOUSE
401 MONTGOMERY STREET, ROOM 401
sYRACU5E, NEW YORK 13202
Telephone: (315 ) 671-1131
Fax: (315 ) 671-L189
Hon. Rory A. McMahon Frances A. Grimaldi, Esq.
Supreme Court Justice Principal Law Cle rk
Janet M. Lasalle
Secreta ry to J udge
Via NYSCEF
February 24.2023
Michael S. Porter, Esq. / Jelfiey Narus. Esq
Porter Law Gorup
I 00 Madison St. - l 51r' Floor
Syracuse, NY 13202
Michael Cirincione, Esq. / Zack Vanorman, Esq.
Martin, Canotis, Brown, Mould & Currie P.C.
5 788 Widewaters Pkwy
.l3202
Syracuse, NY
Re: 009708/2021 Charles Townsend ys. Mark T. Baesl, M.D. et al
I)car (lounselors:
The Jury Trial in this action is scheduled to begin on Monday, April 2,lth, 2023, at the
Onondaga County Courthouse at 401 Montgomery Street in Syracuse. New York. Jury selection
will begin the Thursday bcfore, April 20th,2023 and may run into Friday, April 21st,2023.
Please be ready to proceed in the event we are able to seat a jury on Thursday. It is the
understanding of the Court that all parties and uitnesses. including expens. il any. rvill bc
available.
Trial Exhibits and SubDoenaed Records
Counsel shall submit physical copies ofall exhibits that will bc entered at trial to the Court at no
later tl.ran April l0th,2023 with a copy to opposing counsel. ]'he admissibilitir of all exhibits will
bc ruled upon during the Final Pretrial Cont'ercnce. If subpoenaed documents will be needed.
proposed j udicial subpoenas shall be sent electronically to Chambcrs on or belbre April 3rd,2023,
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\{otions in Linr inc
Motions in limine. if any, must be llled no later than April lOth, 2023. Written opposition to
motions ln limine.if an1-. should be lilcd no later than April 17th,2023.
-f
rir I Su bnt iss ions
No later than April l0th, 2023, counsel lor each party shall submit physical copies with a copy to
opposing counsel, the following:
a Bills of particulars and expert witness disclosures;
b Any trial memoranda or briefsl and
C Proposed jury charges and special verdict sheels in Word compatible fbrmat.
Proposed jury charges must include the PJI section number. and the title ol the
charge. If there is no applicable PJI charge, or if counsel is requesting a deviation
from the language in the PJI. then counsel must provide the text of the proposed
charge. with citations to the relevant legal authority.
Prc-'I'rial Conl'erencc
On March 30rh, 2023, at 9:30 a.m. the Court will hold a conf'erence with counsel fbr the parties
to discuss trial logistics. This conlerence *'ill be held in pcrson. at the assigned'l-rial Part in the
Onondaga County Courthouse. Pursuant to 22 NYCRR $ 202.l(f). counsel who appear belbre the
Court must be lamiliar with the case with regard to which they appear and be fully prepared and
authorized lo discuss and resolve lhe issues uhich are scheduled to be the subject of the
appearance. Pursuant to 22 NYCRR S 202.26(c). a representative ofthe insurancc canier or an1'
other entity having an interest in any settlement. including thosc holding liens on any settlcmeut
or verdict. shall attend the Pre-'l rial Conl'erence or shall be available by telephone at that timc
Court llules
Copies ofthe Jury Trial Procedures (5th.ludicial district) and the General Rules fbr Jury Selection
lbr the Hon. Rory A. McMahon. J.S-C. are enclosed. Specifics can be discussed at the pre-trial
conference.
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Settlement
Pursuant to 22 NYCRR | 202.28 of the Rules ol the Chief Administrator. counsel is directed to
promptly notifo this Court in writing if this action is discontinued, wholly or partially settled by
stipulation pursuant to CPLR 2104, or ifa party has died or become a debtor in bankruptcy.
S incercll .
Stephanie LaMott
Court Clerk to
Hon. Rory A. McMahon. J.S.C
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GENERAL RULES FOR JURY SELECTION
HONORABLE RORY A. McMAHON, J.S.C.
The Court uses a modified "Strike and Replace" method of jury selection as
follows
. Counsel for the Plaintiff may make an opening statement of no more than five
'1
(5) minutes,describing the case and Plaintiffs contentions to the entire jury pool. Counsel
for the Defendant(s) may likewise make an opening statement, also of no more than five
(5) minutes.
2. Jury selection shall take place in rounds with each round to consist of the
fo llowing:
(a) seating of tvvelve prospective jurors in the jury box; (b) questioning of all
seated prospective jurors by Counsel (including the removal of jurors for cause); and
(c)removal of seated prospective jurors upon the exercise of challenges.
3. In each round
a. The questioning of prospective jurors shall be conducted first by Counsel for
the Plaintiff,followed by Counsel for the remaining parties in the order in which their
names appear in the caption. Counsel will be permitted limited follow-up questions.
b. Plaintiffs Counsel shall not take more than sixty (60) minutes questioning the
first panel of twelve (12) prospective jurors, and Defendants' Counsel shall not
cumulatively take more than sixty (60) minutes questioning the first panel. Questioning of
subsequent panels shall take no more than thirty (30) minutes for each side.
c. Within each round, challenges for cause shall be exercised as soon as the
reason becomes apparent. lf a successful challenge for cause occurs while Plaintiffs
Counsel is examining the prospective jurors, that prospective juror will be excused and
immediately replaced. Plaintiffs Counsel will then continue questioning the replacement
juror as well as the balance of the prospective jurors in the jury box.
d. When Plaintiffs Counsel finishes examining all of the prospective jurors,
Defendants' Counsel will have a similar opportunity to examine all of the prospective
jurors. lf a successful challenge for cause occurs while a Defendant's Counsel is
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examining the prospective jurors, that prospective juror will be excused and immediately
replaced. That Defendant's Counsel will then continue questioning the replacement
juror, as well as the balance of the prospective jurors in the jury box,
e. After Counsel for all other Defendants have examined all of the prospective
jurors, Counsel for Plaintiff will have a brief opportunity to examine any replacement
prospective jurors seated during questioning by Defendants' Counsel.
f. After all of the attorneys have examined all of the prospective jurors seated in
the jury box, if for any reason there are additional challenges for cause, they shall be
exercised at that time, lf all attorneys do not agree that a challenge is for cause, they will
be directed to appear in Chambers for a ruling.
g. After all prospective jurors in the jury box have been questioned, and all
challenges for cause have been made, Counsel for each party shall then exercise their
allowable peremptory challenges outside the presence of the prospective jury panel as
follows:
i. Beginning with prospective juror number one, Counsel for Plaintiff will
either exercise or waive a peremptory challenge to that juror. Counsel for
Defendants will then either exercise or waive a peremptory challenge to
that juror, in the order in which their names appear in the caption. lf no
peremptory challenge is exercised, that juror will be seated, and cannot
later be removed by peremptory challenge.
ii. The process shall continue with each prospective juror in the order in
which they were seated in the jury box. Counsel for Plaintiff and Counsel
for Defendant will alternate first exercising or waiving a peremptory
challenge to subsequent jurors. Each subsequent prospective juror will be
removed or seated pursuant to subsection (1.) in the order in which they
are seated in the jury box.
iii. ln cases with multiple Plaintiffs and/or Defendants, peremptory
challenges shall be exercised by Counsel in the order in which the parties'
names appear in the caption, unless following that order would, in the
discretion of the Court, unduly favor a side. Upon application, the Court
after consulting with Counsel, will specify the order in which the peremptory
challenges shall be exercised in a manner that balances the interests of all
parties.
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h. The challenged prospective.jurors will then be excused, and the remaining
prospective jurors will slide over into the seats vacated by the excused prospective jurors
(for example, if the prospective juror in seat 2 is excused, then the juror in seat 3 will
move into seat 2, the juror in seat 4 will move into seat 3, and so on).
i. Once Counsel has either exercised or waived their peremptory challenges for all
prospective lurors in the jury box, if additional lurors are needed, then replacement
prospective jurors will be selected to occupy any vacated seats until there are, once
again, twelve (12) prospective jurors in the jury box. The next round of questioning of the
prospective jurors shall then begin.
j. Plaintiffs Counsel will examine the replacement prospective jurors
the panel.
rn
followed by examination by Defendants' Counsel. These examinations shall be limited to
thirty (30) minutes.
k. After all Counsel have examined the replacement prospective.jurors, the
second round of peremptory challenges shall be conducted in accordance with
subsection (g. ) above.
l. This procedure will continue until a satisfactory jury is obtained.
4. lf all Counsel agree to the use of undesignated alternates, six (6) jurors plus
the agreed upon number of alternates shall be selected using the method set forth
above. Plaintiffs and Defendants shall each, collectively, have a total of four (4)
peremptory challenges to exercise, which includes one for alternates, unless ordered
otheruuise by the Court.
5. lf all Counsel do not agree to use undesignated alternates, the first six (6)
seated jurors shall constitute the jury panel. Plaintiffs and Defendants shall each,
collectively, have a total of three (3) peremptory challenges to exercise during the
selection of the jury panel. The remaining prospective jurors shall constitute the
prospective alternate jurors' panel, and the round of peremptory challenges to the
prospective alternate,jurors shall be conducted in accordance with section (3)(9.) above
Plaintiffs and Defendants shall each, collectively, have a total of one (1) peremptory
challenge to exercise during the selection of the alternate jurors' panel.
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GENERAL RULES FOR JURY TRIALS IN
ONONDAGA COUNTY SUPREME COURT
THE FOLLOWNG RULES APPLY TO ALL JURY TRIALS IN ONONDAGA COUNTY
SUPREME COURT (EXCLUDTNG MATRTMONAL TRTALS) U ,IESS OTHERWSE ORDERED
BY THE IAS JUSTICE
NOTE: lf the IAS Justice requires paper copies of e-filed documents, then you must
provide fhose to the IAS Justice within one busrness day of the time they are
e-filed.
1. Final Pre-trial Conference
The IAS Justice will hold a final pre{rial conference on or before the trial date. Counsel must be
prepared to discuss settlement, witness and exhibit lists, scheduling of wrtnesses, identity of expert
witnesses, voir dire, proposed jury charges, special verdict sheet, motions in limine, EBf
transcripts, videotaped testjmony, stipulations and courtroom assignment. lf an attorney does not
have settlement authority, then his/her client and/or insurance adjuster must be personally present
at the pre{rial conference.
2. Trial Hours
Generally, the trial will be conducted between 9:00 a.m. and 4:00 p.m. each day, with an hour and
fifteen-minute break for lunch. The starting time of the trial may be delayed on the IAS Justice's
motion day.
3. Motions in Limine
lVlotions rn /lmlne must be filed and served at least twenty-eight (28) days prior to the trial date
Opposing papers, if any, must be filed and served at least fourteen ('14) days prior to the trial
date. t\Iotions in limine are to be made returnable seven (7) days prior to the trial date.
4. Proposed Jury Charqes and Spesi4lVeldict Shqets
Proposed jury charges and special verdict sheets must be filed and served at leasl one week prior
to the trial date. These items must be submitted in electronic form, and in paper, if required by the
IAS Justice. The courts in Onondaga County have lvlicrosoft Word software and the electronic
copy must be compatible with that software. Proposed jury charges must include the PJI section
number and title of the charge. lf there is no applicable PJI charge, or if counsel is requesting a
deviation from the PJl, then counsel must provide the text of the proposed charge with citations to
relevant legal authority and a highlighted copy of all referenced authority. Counsel need not
request PJI charges 1:1 through 1.14 and 1.20 through 1:32 because these form part oithe Court's
"boiler plate" charge. Additionally, PJI charges 1:90 (expert witness); and 1:94 (use of pre-trial
deposition upon trial) will be charged when applicable, and these charges need not be requested.
l{cvised 12013
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5. Exhibits
A list of all exhibits, except those exhibits to be used solely for credibility or rebuttal, must be
filed and served at leasl one week prior to the trial date. The exhibit list must include a brief
description of each exhibit Counsel shall consult in good faith to agree upon the exhibits that
will be offered into evidence without objection. The exhibits are to be marked immediately
following the final pre{rial conference and prior to commencement of trial, subject to the
availability of the assigned court reporter. Plaintiff's exhibits shall be marked with numbers and
defendant's exhibits shall be marked with letters.
6. Use of EBT Transcripts and Videotaped Testimonv
lf counsel intends to read EBT testimony into evidence, then at least one week prior to trial
counsel must provide opposing counsel and the IAS Justice with a copy of the portions of the
testimony counsel intends to proffer. ln addition, prior to the final pre{rial conference counsel
must attempt to reach agreement with opposing counsel about the admissibility of that
testimony. For those portions of the testimony upon which agreement is not reached, at least
one full business day prior to the final pre-trial conference, the party opposing admissibility
must provide the IAS Justice with a written memorandum setting forth the legal basis for his/her
objections, with citations to authority.
lf counsel intends to use videolaped testrmony, then at least one week prior to trial counsel
must provide opposing counsel and the IAS Justice with a copy of the videotape accompanied
by a written transcript of the testimony counsel intends to proffer. In addition, prior to the final
pre{rial conference, counsel must attempt to reach agreement wrth opposing counsel about the
admissibility of that testimony. For those portions of the testimony upon which agreement is not
reached, at least one full business day prior to the final pre-trial conference, the party opposing
admissibility must provide the IAS Justice with a written memorandum setting forth the legal
basis for his/her objections, with citations to authority.
7. Stipulations
Be prepared to discuss possible stipulations at the final pre{rial conference
8 Date Certain and Schedulinq of Witnesses Durinq Trial
The trial date is a date certain. Trial adjournments will be granted ONLY upon good
cause shown. Once the trial is commenced, it will proceed, without interruption, until a
verdict is rendered. The Court will not inconvenience jurors by delaying the trial to
accommodate witnesses. However, the Court will allow witnesses to testify out of order
as necessary.
9. lnterpreters and other Special Trial Needs
At the earliest possible time, but no later than three weeks before the trial date, counsel must
advise the Court if they need an interpreter or any other special trial accommodations.
THESE ARE THE GENERAL RULES FOR JURY TRIALS IN ONONDAGA COUNTY SUPREME COURT. PRIOR TO
TRIAL COUNSEL MUST CONSULT WITH CHAMBERS OF THE IAS JUSTICE TO OETERMINE WHETHER S/HE
HAS ANY SPECIAL TRIAL RULES.
Revised l/2021
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Preview
FILED: ONONDAGA COUNTY CLERK 02/16/2023 02:28 PM INDEX NO. 009708/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/24/2023 SUPREME COURT CHAMBERS ONONDAGA COUNTY COURTHOUSE 401 MONTGOMERY STREET, ROOM 401 sYRACU5E, NEW YORK 13202 Telephone: (315 ) 671-1131 Fax: (315 ) 671-L189 Hon. Rory A. McMahon Frances A. Grimaldi, Esq. Supreme Court Justice Principal Law Cle rk Janet M. Lasalle Secreta ry to J udge Via NYSCEF February 24.2023 Michael S. Porter, Esq. / Jelfiey Narus. Esq Porter Law Gorup I 00 Madison St. - l 51r' Floor Syracuse, NY 13202 Michael Cirincione, Esq. / Zack Vanorman, Esq. Martin, Canotis, Brown, Mould & Currie P.C. 5 788 Widewaters Pkwy .l3202 Syracuse, NY Re: 009708/2021 Charles Townsend ys. Mark T. Baesl, M.D. et al I)car (lounselors: The Jury Trial in this action is scheduled to begin on Monday, April 2,lth, 2023, at the Onondaga County Courthouse at 401 Montgomery Street in Syracuse. New York. Jury selection will begin the Thursday bcfore, April 20th,2023 and may run into Friday, April 21st,2023. Please be ready to proceed in the event we are able to seat a jury on Thursday. It is the understanding of the Court that all parties and uitnesses. including expens. il any. rvill bc available. Trial Exhibits and SubDoenaed Records Counsel shall submit physical copies ofall exhibits that will bc entered at trial to the Court at no later tl.ran April l0th,2023 with a copy to opposing counsel. ]'he admissibilitir of all exhibits will bc ruled upon during the Final Pretrial Cont'ercnce. If subpoenaed documents will be needed. proposed j udicial subpoenas shall be sent electronically to Chambcrs on or belbre April 3rd,2023, 1 of 8 FILED: ONONDAGA COUNTY CLERK 02/16/2023 02:28 PM INDEX NO. 009708/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/24/2023 \{otions in Linr inc Motions in limine. if any, must be llled no later than April lOth, 2023. Written opposition to motions ln limine.if an1-. should be lilcd no later than April 17th,2023. -f rir I Su bnt iss ions No later than April l0th, 2023, counsel lor each party shall submit physical copies with a copy to opposing counsel, the following: a Bills of particulars and expert witness disclosures; b Any trial memoranda or briefsl and C Proposed jury charges and special verdict sheels in Word compatible fbrmat. Proposed jury charges must include the PJI section number. and the title ol the charge. If there is no applicable PJI charge, or if counsel is requesting a deviation from the language in the PJI. then counsel must provide the text of the proposed charge. with citations to the relevant legal authority. Prc-'I'rial Conl'erencc On March 30rh, 2023, at 9:30 a.m. the Court will hold a conf'erence with counsel fbr the parties to discuss trial logistics. This conlerence *'ill be held in pcrson. at the assigned'l-rial Part in the Onondaga County Courthouse. Pursuant to 22 NYCRR $ 202.l(f). counsel who appear belbre the Court must be lamiliar with the case with regard to which they appear and be fully prepared and authorized lo discuss and resolve lhe issues uhich are scheduled to be the subject of the appearance. Pursuant to 22 NYCRR S 202.26(c). a representative ofthe insurancc canier or an1' other entity having an interest in any settlement. including thosc holding liens on any settlcmeut or verdict. shall attend the Pre-'l rial Conl'erence or shall be available by telephone at that timc Court llules Copies ofthe Jury Trial Procedures (5th.ludicial district) and the General Rules fbr Jury Selection lbr the Hon. Rory A. McMahon. J.S-C. are enclosed. Specifics can be discussed at the pre-trial conference. 2 of 8 FILED: ONONDAGA COUNTY CLERK 02/16/2023 02:28 PM INDEX NO. 009708/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/24/2023 Settlement Pursuant to 22 NYCRR | 202.28 of the Rules ol the Chief Administrator. counsel is directed to promptly notifo this Court in writing if this action is discontinued, wholly or partially settled by stipulation pursuant to CPLR 2104, or ifa party has died or become a debtor in bankruptcy. S incercll . Stephanie LaMott Court Clerk to Hon. Rory A. McMahon. J.S.C 3 of 8 FILED: ONONDAGA COUNTY CLERK 02/16/2023 02:28 PM INDEX NO. 009708/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/24/2023 GENERAL RULES FOR JURY SELECTION HONORABLE RORY A. McMAHON, J.S.C. The Court uses a modified "Strike and Replace" method of jury selection as follows . Counsel for the Plaintiff may make an opening statement of no more than five '1 (5) minutes,describing the case and Plaintiffs contentions to the entire jury pool. Counsel for the Defendant(s) may likewise make an opening statement, also of no more than five (5) minutes. 2. Jury selection shall take place in rounds with each round to consist of the fo llowing: (a) seating of tvvelve prospective jurors in the jury box; (b) questioning of all seated prospective jurors by Counsel (including the removal of jurors for cause); and (c)removal of seated prospective jurors upon the exercise of challenges. 3. In each round a. The questioning of prospective jurors shall be conducted first by Counsel for the Plaintiff,followed by Counsel for the remaining parties in the order in which their names appear in the caption. Counsel will be permitted limited follow-up questions. b. Plaintiffs Counsel shall not take more than sixty (60) minutes questioning the first panel of twelve (12) prospective jurors, and Defendants' Counsel shall not cumulatively take more than sixty (60) minutes questioning the first panel. Questioning of subsequent panels shall take no more than thirty (30) minutes for each side. c. Within each round, challenges for cause shall be exercised as soon as the reason becomes apparent. lf a successful challenge for cause occurs while Plaintiffs Counsel is examining the prospective jurors, that prospective juror will be excused and immediately replaced. Plaintiffs Counsel will then continue questioning the replacement juror as well as the balance of the prospective jurors in the jury box. d. When Plaintiffs Counsel finishes examining all of the prospective jurors, Defendants' Counsel will have a similar opportunity to examine all of the prospective jurors. lf a successful challenge for cause occurs while a Defendant's Counsel is 4 of 8 FILED: ONONDAGA COUNTY CLERK 02/16/2023 02:28 PM INDEX NO. 009708/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/24/2023 examining the prospective jurors, that prospective juror will be excused and immediately replaced. That Defendant's Counsel will then continue questioning the replacement juror, as well as the balance of the prospective jurors in the jury box, e. After Counsel for all other Defendants have examined all of the prospective jurors, Counsel for Plaintiff will have a brief opportunity to examine any replacement prospective jurors seated during questioning by Defendants' Counsel. f. After all of the attorneys have examined all of the prospective jurors seated in the jury box, if for any reason there are additional challenges for cause, they shall be exercised at that time, lf all attorneys do not agree that a challenge is for cause, they will be directed to appear in Chambers for a ruling. g. After all prospective jurors in the jury box have been questioned, and all challenges for cause have been made, Counsel for each party shall then exercise their allowable peremptory challenges outside the presence of the prospective jury panel as follows: i. Beginning with prospective juror number one, Counsel for Plaintiff will either exercise or waive a peremptory challenge to that juror. Counsel for Defendants will then either exercise or waive a peremptory challenge to that juror, in the order in which their names appear in the caption. lf no peremptory challenge is exercised, that juror will be seated, and cannot later be removed by peremptory challenge. ii. The process shall continue with each prospective juror in the order in which they were seated in the jury box. Counsel for Plaintiff and Counsel for Defendant will alternate first exercising or waiving a peremptory challenge to subsequent jurors. Each subsequent prospective juror will be removed or seated pursuant to subsection (1.) in the order in which they are seated in the jury box. iii. ln cases with multiple Plaintiffs and/or Defendants, peremptory challenges shall be exercised by Counsel in the order in which the parties' names appear in the caption, unless following that order would, in the discretion of the Court, unduly favor a side. Upon application, the Court after consulting with Counsel, will specify the order in which the peremptory challenges shall be exercised in a manner that balances the interests of all parties. 5 of 8 FILED: ONONDAGA COUNTY CLERK 02/16/2023 02:28 PM INDEX NO. 009708/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/24/2023 h. The challenged prospective.jurors will then be excused, and the remaining prospective jurors will slide over into the seats vacated by the excused prospective jurors (for example, if the prospective juror in seat 2 is excused, then the juror in seat 3 will move into seat 2, the juror in seat 4 will move into seat 3, and so on). i. Once Counsel has either exercised or waived their peremptory challenges for all prospective lurors in the jury box, if additional lurors are needed, then replacement prospective jurors will be selected to occupy any vacated seats until there are, once again, twelve (12) prospective jurors in the jury box. The next round of questioning of the prospective jurors shall then begin. j. Plaintiffs Counsel will examine the replacement prospective jurors the panel. rn followed by examination by Defendants' Counsel. These examinations shall be limited to thirty (30) minutes. k. After all Counsel have examined the replacement prospective.jurors, the second round of peremptory challenges shall be conducted in accordance with subsection (g. ) above. l. This procedure will continue until a satisfactory jury is obtained. 4. lf all Counsel agree to the use of undesignated alternates, six (6) jurors plus the agreed upon number of alternates shall be selected using the method set forth above. Plaintiffs and Defendants shall each, collectively, have a total of four (4) peremptory challenges to exercise, which includes one for alternates, unless ordered otheruuise by the Court. 5. lf all Counsel do not agree to use undesignated alternates, the first six (6) seated jurors shall constitute the jury panel. Plaintiffs and Defendants shall each, collectively, have a total of three (3) peremptory challenges to exercise during the selection of the jury panel. The remaining prospective jurors shall constitute the prospective alternate jurors' panel, and the round of peremptory challenges to the prospective alternate,jurors shall be conducted in accordance with section (3)(9.) above Plaintiffs and Defendants shall each, collectively, have a total of one (1) peremptory challenge to exercise during the selection of the alternate jurors' panel. 6 of 8 FILED: ONONDAGA COUNTY CLERK 02/16/2023 02:28 PM INDEX NO. 009708/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/24/2023 GENERAL RULES FOR JURY TRIALS IN ONONDAGA COUNTY SUPREME COURT THE FOLLOWNG RULES APPLY TO ALL JURY TRIALS IN ONONDAGA COUNTY SUPREME COURT (EXCLUDTNG MATRTMONAL TRTALS) U ,IESS OTHERWSE ORDERED BY THE IAS JUSTICE NOTE: lf the IAS Justice requires paper copies of e-filed documents, then you must provide fhose to the IAS Justice within one busrness day of the time they are e-filed. 1. Final Pre-trial Conference The IAS Justice will hold a final pre{rial conference on or before the trial date. Counsel must be prepared to discuss settlement, witness and exhibit lists, scheduling of wrtnesses, identity of expert witnesses, voir dire, proposed jury charges, special verdict sheet, motions in limine, EBf transcripts, videotaped testjmony, stipulations and courtroom assignment. lf an attorney does not have settlement authority, then his/her client and/or insurance adjuster must be personally present at the pre{rial conference. 2. Trial Hours Generally, the trial will be conducted between 9:00 a.m. and 4:00 p.m. each day, with an hour and fifteen-minute break for lunch. The starting time of the trial may be delayed on the IAS Justice's motion day. 3. Motions in Limine lVlotions rn /lmlne must be filed and served at least twenty-eight (28) days prior to the trial date Opposing papers, if any, must be filed and served at least fourteen ('14) days prior to the trial date. t\Iotions in limine are to be made returnable seven (7) days prior to the trial date. 4. Proposed Jury Charqes and Spesi4lVeldict Shqets Proposed jury charges and special verdict sheets must be filed and served at leasl one week prior to the trial date. These items must be submitted in electronic form, and in paper, if required by the IAS Justice. The courts in Onondaga County have lvlicrosoft Word software and the electronic copy must be compatible with that software. Proposed jury charges must include the PJI section number and title of the charge. lf there is no applicable PJI charge, or if counsel is requesting a deviation from the PJl, then counsel must provide the text of the proposed charge with citations to relevant legal authority and a highlighted copy of all referenced authority. Counsel need not request PJI charges 1:1 through 1.14 and 1.20 through 1:32 because these form part oithe Court's "boiler plate" charge. Additionally, PJI charges 1:90 (expert witness); and 1:94 (use of pre-trial deposition upon trial) will be charged when applicable, and these charges need not be requested. l{cvised 12013 7 of 8 FILED: ONONDAGA COUNTY CLERK 02/16/2023 02:28 PM INDEX NO. 009708/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 02/24/2023 5. Exhibits A list of all exhibits, except those exhibits to be used solely for credibility or rebuttal, must be filed and served at leasl one week prior to the trial date. The exhibit list must include a brief description of each exhibit Counsel shall consult in good faith to agree upon the exhibits that will be offered into evidence without objection. The exhibits are to be marked immediately following the final pre{rial conference and prior to commencement of trial, subject to the availability of the assigned court reporter. Plaintiff's exhibits shall be marked with numbers and defendant's exhibits shall be marked with letters. 6. Use of EBT Transcripts and Videotaped Testimonv lf counsel intends to read EBT testimony into evidence, then at least one week prior to trial counsel must provide opposing counsel and the IAS Justice with a copy of the portions of the testimony counsel intends to proffer. ln addition, prior to the final pre{rial conference counsel must attempt to reach agreement with opposing counsel about the admissibility of that testimony. For those portions of the testimony upon which agreement is not reached, at least one full business day prior to the final pre-trial conference, the party opposing admissibility must provide the IAS Justice with a written memorandum setting forth the legal basis for his/her objections, with citations to authority. lf counsel intends to use videolaped testrmony, then at least one week prior to trial counsel must provide opposing counsel and the IAS Justice with a copy of the videotape accompanied by a written transcript of the testimony counsel intends to proffer. In addition, prior to the final pre{rial conference, counsel must attempt to reach agreement wrth opposing counsel about the admissibility of that testimony. For those portions of the testimony upon which agreement is not reached, at least one full business day prior to the final pre-trial conference, the party opposing admissibility must provide the IAS Justice with a written memorandum setting forth the legal basis for his/her objections, with citations to authority. 7. Stipulations Be prepared to discuss possible stipulations at the final pre{rial conference 8 Date Certain and Schedulinq of Witnesses Durinq Trial The trial date is a date certain. Trial adjournments will be granted ONLY upon good cause shown. Once the trial is commenced, it will proceed, without interruption, until a verdict is rendered. The Court will not inconvenience jurors by delaying the trial to accommodate witnesses. However, the Court will allow witnesses to testify out of order as necessary. 9. lnterpreters and other Special Trial Needs At the earliest possible time, but no later than three weeks before the trial date, counsel must advise the Court if they need an interpreter or any other special trial accommodations. THESE ARE THE GENERAL RULES FOR JURY TRIALS IN ONONDAGA COUNTY SUPREME COURT. PRIOR TO TRIAL COUNSEL MUST CONSULT WITH CHAMBERS OF THE IAS JUSTICE TO OETERMINE WHETHER S/HE HAS ANY SPECIAL TRIAL RULES. Revised l/2021 8 of 8