Judge Kimberly A. Gaab

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1. Schedule:

   Morning trial sessions will generally commence at 9:00 a.m. A lunch break will be taken at 12:00 p.m. Afternoon sessions will commence at 1:30 p.m. Evening recesses will generally be taken at 4:15 p.m. on Mondays and at 3:15 p.m. on Tuesdays through Thursdays to accommodate the court’s law and motion calendar. Trial is not in session on Fridays. These times are subject to modification based upon other calendars that may need to be completed by the court and the progress of the trial. Counsel are expected to be punctual and to have witnesses available when needed.

2. Exhibits:
   
   • All exhibits must be exchanged between counsel before commencement of trial and should be pre-marked in the anticipated order of presentation. All exhibits, regardless of who marks them, shall be marked in numerical order.
   • Multiple-page exhibits must be separately bound or included under a separate tab in a binder and each page must be separately numbered.
   • Exhibit sets, in one or more binders as necessary, shall be prepared for each counsel, the court, the clerk, and the witness and must be submitted at the start of trial.
   • Photographs shall be Bates-stamped, presented in clear slipcovers or three-hole punched so that they may be placed in an exhibit binder.
   • Counsel shall jointly prepare a single exhibit list that accurately describes each exhibit submitted to the court.
   • Counsel shall meet and confer before trial to agree upon foundational issues, to the extent possible.
   • Counsel may not show an exhibit to a witness for any purpose unless it has been pre-marked for identification.
   • Absent stipulation or permission of the court, counsel may not display any exhibit to the jury unless it has first been received into evidence.
3. Jury Selection:

   Generally, 21 prospective jurors will be seated for voir dire. Voir dire has specific and limited purposes. Code of Civil Procedure section 222.5 will be strictly enforced, with or without objection from opposing counsel. Challenges for cause will be expressed in the hallway behind the courtroom after all counsel have completed questioning.

4. Jury Instruction and Verdict Forms:

   Jury instructions and verdict forms must be submitted before the first witness is called. Counsel must meet and confer and submit a packet of all requested instructions to which there is no objection and a separate packet of instructions to which there are objections. If objections are made to any jury instruction on other than relevancy grounds, the objecting party must also submit an instruction that is believed to be non-objectionable. Each instruction must indicate the party or parties requesting it and have all blanks properly completed and irrelevant portions redacted.

5. Witnesses:

• Counsel should provide the clerk and any court reporter with a list of prospective witnesses and identify the names of potential witnesses on the board/overhead projector for jury selection.
• Counsel may walk through the well and approach witnesses without permission.
• Speaking objections and argument regarding objections are not permitted unless invited by the court. Only legal objections shall be stated. In addition, counsel should never suggest to any witness, with a speech appended to the objection, what the witness should say or has forgotten to say.
• The following questions are generally not permitted: “Didn’t you testify yesterday that . . . ?” “Didn’t you just testify that . . . ?” “Were you in court when John Doe testified that . . . ?” Such questions are cumulative and unnecessarily consume time. The court may intervene, even without objection, if such questions are asked.
• Counsel have full responsibility to arrange for the appearance of witnesses during the presentation of their case so as to eliminate any possible delay in the proceedings. The court suggests that counsel confer during trial as to when witnesses are needed. Counsel are expected to inform the court immediately upon discovering a problem with scheduling that might delay the trial so that arrangements can be made for the appearance of other witnesses out of order. Counsel are to inform each other at the end of the trial day who their witnesses will be for the following day.
• Witnesses who are excused by the court following their testimony are not subject to recall unless requested by counsel or for good cause shown pursuant to Evidence Code section 778.

• Counsel should discuss and inform the court if willing to stipulate to the following:
  
  • Unless otherwise noted on the record, whenever court is in session, all jurors, alternates and counsel are present.
  • Waiving the statutory language of the admonition to the jury at separation (Code of Civil Procedure section 611) so that after the court gives the required admonition at the outset of the trial, it need not at each subsequent recess or adjournment repeat or remind the jury of this admonition.
• Counsel are to jointly file a short, non-argumentative statement of the case for reading to the jury during jury selection. Alternatively, counsel may agree to prepare and deliver a brief, mini-opening statement to the jury prior to jury selection.
• Counsel should lodge with the clerk all depositions to be used in the trial. No reading from depositions (other than for purposes of impeachment) is permitted without reasonable notice of each page and line reference to the court and other counsel.
• If deposition transcripts are to be read to the jury, counsel are expected to meet and confer in advance regarding any objections that will be offered to such testimony. Objections are to be addressed outside the presence of the jury.
• Counsel should meet and confer as to all possible factual stipulations on uncontroverted matters. While the court appreciates stipulations as to the admissibility of exhibits or other evidence, stipulations should never be offered by counsel in the presence of the jury unless previously discussed with opposing counsel and the court.
• The court should be informed in advance, if possible, of any unusual legal issues or evidentiary matters that are anticipated during the trial in order to avoid unnecessary delays.
• Bench conferences are generally not permitted and hallway conferences are strongly discouraged. No record is made of such conferences unless counsel requests it at the following recess.
• Counsel are responsible for arranging and paying for a court reporter. See the Fresno County Superior Court website for information on securing a court reporter for trial.
• Jury fees and mileage are to be paid not later than the last day of trial before reading of the verdict.

The court is always willing to assist with settlement if the parties collectively agree and do not subject the jury to unnecessary delays.