Ind. Allen Cnty. Civ. Local Rules, Exhibits and Appendices

DESIGNATION OF EVIDENCE AND TABLE OF CONTENTS - EXHIBIT A

AFFIDAVIT OF MARY ROSE

STATE OF INDIANA ) THE ALLEN SUPERIOR/CIRCUIT COURT

) SS:

COUNTY OF ALLEN ) CAUSE NO. 02D02-1700-CT-0

JOHN POE, )

Plaintiff, )

)

vs. )

)

JANE DOE, )

Defendant. )

AFFIDAVIT OF MARY ROSE

I, Mary Rose, swear and affirm under the penalties for perjury that the following is true:

1. I am an adult.

2. I have personal knowledge of the facts described in this affidavit, and I am

competent to testify about these facts.

3. I previously held the position of bookkeeper for John Poe.

4. I kept meticulous records for my employer, John Poe.

5. I worked for John Poe from January 1, 1984, until July 4, 2017.

6. I left the employment of John Poe because he is mean and did not appreciate my

efforts.

7. I personally witnessed an event at the workplace of John Poe on December 25,

2016, when John Poe was mean to Jane Doe.

8. John Poe is even mean to his own dog. I often saw him kick Rover.

MARY ROSE

DESIGNATION OF EVIDENCE AND TABLE OF CONTENTS - EXHIBIT B

(Previously marked “Exhibit F”)

CREDIT CARD STATEMENTS 2007-2017

DESIGNATION OF EVIDENCE AND TABLE OF CONTENTS - EXHIBIT C

DEPOSITION OF JOHN HENRY (pages 17-47)

DESIGNATION OF EVIDENCE AND TABLE OF CONTENTS - EXHIBIT D

COMPLAINT

Adopted and renumbered 2018, effective December 1, 2018.

APPENDIX J MODIFIED INDIANA CIVIL MODEL JURY

INSTRUCTION 101

You have been selected as jurors and have taken an oath to well and truly try this

case.

Keep an open mind. Do not make a decision about the outcome of this case until you

have heard all the evidence, the arguments of counsel, and my final instructions about

the law you will apply to the evidence you have heard.

Your decision must be based only on the evidence presented during this trial and my

instructions on the law. Therefore, from now until the trial ends, you must not:

• Conduct research on your own or as a group,

• Use dictionaries, the Internet, computers, cell phones, laptops, tablets, or any other

resource to gather any information about the issues, facts, or concepts that are in

any manner related to this case,

• Investigate the case, conduct any experiments, or attempt to gain any specialized

knowledge about the case, or

• Receive assistance in deciding the case from any outside source.

You also must not:

• Use laptops or cell phones in the courtroom or in the jury room while discussing

the case,

• Consume any alcohol or drugs that could affect your ability to hear and understand

the evidence,

• Read, watch, or listen to anything about this trial from any source whatsoever,

including newspapers, radio, television, or the Internet,

• Listen to discussions among, or receive information from, other people about this

trial, or

• Visit or view the scene of any event involved in this case, either in person or

through the use of Google Maps, Google Earth, or any other internet mapping

program. If you happen to pass by the scene, do not stop or investigate.

Finally, you must not:

• Talk to any of the parties, their lawyers, any of the witnesses, or members of the

media. If anyone tries to talk to you about this case, you must tell the bailiff or me

immediately.

You may discuss the evidence with your fellow jurors during the trial, but only in the

jury room, and only when all of you are present. Even though you are permitted to have

these discussions, you must not make a decision about the outcome of this case until

your final deliberations begin. Until you reach a verdict, do not communicate about this

case or your deliberations with anyone else.

In this age of instant electronic communication and research, I want to emphasize that

in addition to not talking face to face with anyone else about the case, you must not

communicate with anyone or post information about the case, or what you are doing in

the case, by any means, including telephone, text messages, email, internet chat rooms,

blogs, or social websites, such as Facebook, Twitter, Instagram, LinkedIn, YouTube, and

the like.

You also must not Google or otherwise search for any information about the case, or

the law that applies to the case, or the people involved in the case, including the parties,

witnesses, lawyers, or Judge.

During the trial, you may tell people who need to know that you are a juror, and you

may give them information about when you will be required to be in court. But you must

not talk with them or others about anything else related to the case. After your service on

this jury is concluded, you are free to talk with anyone about the case or do whatever

research you wish. If you find it helpful, the Court can provide you with a note that you

can furnish to anyone attempting to speak with you about your service here.

The Court recognizes that these rules and restrictions may affect activities that you

would consider to be normal and harmless, and I assure you that I am very much aware

that I am asking you to refrain from activities that may be very common and very important

in your daily lives. That is why I want you to understand why these rules are so important.

The law requires these restrictions to ensure the parties have a fair trial based on the

evidence that each party has had an opportunity to address. If one or more of you were

to get additional information from an outside source, that information might be inaccurate

or incomplete, or for some other reason not applicable to this case, and the parties would

not have a chance to explain or contradict that information because they would not know

about it. That is why it is so important that you base your verdict only on information you

receive in this courtroom.

Therefore, our law does not permit jurors to talk about the case with anyone except

fellow jurors. The law also does not permit jurors to allow anyone to talk to them about

the case. The reason for this is that only jurors are authorized to render a verdict. Only

you have been found to be fair, and only you have promised to be fair—no one else has

been so qualified.

Our law does not permit you to visit a place discussed in the testimony because you

cannot be sure that the place is in the same condition as it was on the day in question.

Also, even if it were in the same condition, once you go to a place to evaluate evidence

in light of what you see there, you become a witness, not a juror. As a witness, you may

now have an erroneous view of the scene that may not be subject to correction by either

party. That is not fair.

Finally, our law requires that you not read or listen to any news accounts of the case,

and that you not attempt to research any fact, law, or person related to the case. Your

decision must be based solely on the testimony and other evidence presented in this

courtroom. It would not be fair for you to base your decision on some reporter's view or

opinion, or upon information that you acquire outside the courtroom from a source that

cannot be challenged or cross-examined by the parties.

These rules are designed to help guarantee a fair trial, and our law accordingly

provides for serious consequences if the rules are not followed. Any juror who violates

these restrictions I have explained to you jeopardizes the fairness of these proceedings,

and a mistrial could result that would require the entire trial process to start over. As you

can imagine, a mistrial is a tremendous expense and inconvenience to the parties, the

Court, and the taxpayers. If any juror is exposed to any outside information, or has any

difficulty whatsoever in following these instructions, please notify the Court immediately.

If any juror becomes aware that one of your fellow jurors has done

something that violates these instructions, you are obligated to report that to the Court

as well.

Additionally, if you hear or observe anything about this case outside this courtroom,

whether inadvertently or otherwise, you must immediately inform the Court at the

beginning of our next session. Do not discuss any of these things with your fellow jurors

at any time.

I trust that you understand and appreciate the importance of following these rules and,

in accord with your oath and promise, I know that you will do so.

Adopted as Appendix D, effective January 1, 2015. Renumbered 2018, effective

December 1, 2018.

APPENDIX K QUESTIONS CONCERNING JUROR USE OF

TECHNOLOGY DURING TRIAL

• Do any of you routinely use any of the following communication devices: cellular

phone, laptop computer, iPad, or notebook?

• Do you have an email account?

• Do any of you have a Facebook, LinkedIn, Twitter, Instagram or similar social

networking account?

• Would any of you have a problem refraining from using these technologies in any

manner directly or remotely associated with this trial until the conclusion of the

trial?

Adopted as Appendix E, effective January 1, 2015. Amended and renumbered

2018, effective December 1, 2018.

APPENDIX L MESSAGE CONCERNING JURY SERVICE

I am sending this message to you as instructed by Judge. I am now a

sworn juror in a trial. I am under a court order not to read or discuss anything having to

do with the trial, the parties or lawyers involved, or anything else concerning my jury

service. Please do not send me any information about the case or my jury duty, and

please do not ask me any questions or make any comments about the case or my jury

duty. I will be following these rules for the length of the trial, which is expected to last

approximately. I will send you another note when my jury duty is

completed and I am no longer required to follow the court order.

Adopted as Appendix F, effective January 1, 2015. Renumbered 2018, effective

December 1, 2018.

APPENDIX M STATEMENT OF COMPLIANCE

I agree that during the duration of the trial in, I will not conduct any

independent research into any of the issues, facts, or concepts that are in any manner

related to the trial or parties involved in this trial. I will not communicate with anyone about

the issues or parties in this trial, and I will not permit anyone to communicate with me. I

further agree that I will report any violations of the Court’s instructions immediately.

Adopted as Appendix G, effective January 1, 2015. Renumbered 2018, effective

December 1, 2018.

APPENDIX N SHORT FORM ADMONISHMENT

During the recess, you may discuss the evidence among yourselves only while you are

all together in the jury room. Do not discuss the evidence under any other circumstance.

You must not form or express any opinion or conclusion about the outcome of the case

until it is finally submitted to you for your deliberations.

Adopted as Appendix H, effective January 1, 2015. Renumbered 2018, effective

December 1, 2018.

APPENDIX O LONG FORM ADMONISHMENT

During the overnight recess, do not discuss the case under any circumstance. You must

not form or express any opinion or conclusion about the outcome of the case until it is

finally submitted to you for your deliberations. During the recess, you must not use

computers, laptops, cellular telephones, or other electronic communication devices or any

other method to:

• investigate, conduct research, or otherwise gather information regarding either the

facts of the case or any of the issues, facts, or concepts that are in any manner

related to the trial;

• conduct experiments or attempt to gain any specialized knowledge about the trial

or any of the issues, facts, or concepts that are in any manner related to the trial;

• receive assistance in deciding the case from any outside sources;

• read, watch, or listen to anything about the case from any source;

• listen to discussions among or receive information from other people about the

case; or

• communicate with any of the parties, their lawyers, any of the witnesses, members

of the media, or anyone else about the case, including by posting information, text

messaging, emailing, or participating in Internet chat rooms, blogs, or social

websites which could contain information about the case.

Adopted as Appendix I, effective January 1, 2015. Renumbered 2018, effective

December 1, 2018.

APPENDIX P QUESTIONING THE JURY FOLLOWING

A RECESS

• Have you conducted any research into any of the issues, facts, or concepts

that are in any manner related to this case?

• Have you listened to or seen any news articles about this case on the

radio, television, internet, or in print?

• Did you engage in any independent investigation since the Court last

released you?

• Did you talk or communicate with anyone about the case since the Court

last released you?

• Have you permitted anyone to communicate about or discuss this case with

you?

• Has anybody persisted in attempting to communicate about or discuss this

case with you?

• Are you aware of any other jurors who may have either done their own

research or communicated or talked with anyone about the case since the

Court last released you?

Adopted as Appendix J, effective January 1, 2015. Renumbered 2018,

effective December 1, 2018.