Legal Pretrial Stipulation

Legal Pretrial Stipulation

This Pretrial Stipulation is entered into on this date by the undersigned parties in the action captioned Plaintiff: and Defendant: in Case No.: filed in Court: before Judge: . Trial is presently scheduled to commence on: , .

RECITALS

WHEREAS, the parties desire to define and limit the matters to be tried, to identify exhibits and witnesses to be presented at trial, and to resolve procedural matters prior to trial in order to expedite the trial and conserve judicial resources;

WHEREAS, counsel for the parties have conferred in good faith concerning stipulated facts, the authenticity of documents, the admission of exhibits, proposed witness lists, deposition designations, and scheduling of pretrial filings; and

WHEREAS, the parties desire to submit this Stipulation to the Court for approval and entry as the parties' agreement regarding pretrial procedures and stipulations of fact and evidence;

NOW, THEREFORE

The parties, through counsel, hereby stipulate and agree as follows:

1. STIPULATED FACTS

The parties agree that the following facts are admitted for purposes of trial absent manifest error. The parties acknowledge that entry of these stipulations is for trial efficiency and does not constitute an admission for any other purpose:

2. EXHIBITS AND ADMISSIONS

The parties agree to exchange and attempt to stipulate to authenticity and admissibility of documents and tangible evidence. Each party shall identify exhibits by number or letter and disclose objections in writing prior to the pretrial conference.

The parties agree that exhibits identified on the exchanged lists that are not objected to in writing within prior to the pretrial conference shall be deemed admitted for purposes of trial, subject to foundational objections.

3. WITNESSES; DEPOSITION DESIGNATIONS

Each party shall provide a preliminary witness list, including a brief statement of expected testimony for each witness, and shall identify any witnesses to be called only by deposition with specific transcript designations.

Deposition designations shall be exchanged no later than and any counter-designations and objections shall be exchanged within .

4. PENDING MOTIONS AND DISCOVERY

The parties acknowledge the existence of any outstanding dispositive, evidentiary, or discovery motions and agree to submit a schedule for resolution if appropriate. The parties further certify that all nonprivileged discovery responsive to outstanding requests has been produced or disclosed as of the date of this Stipulation unless specifically noted below.

5. JURY AND TRIAL LOGISTICS

The parties stipulate as follows regarding jury selection, trial length, and format in order to assist with calendar planning and allocation of courtroom resources.

Trial by jury: Yes    Bench

Estimated length of trial (in days): . Proposed limitations on hours per day or number of witnesses:

6. PRETRIAL FILINGS AND DEADLINES

The parties agree to the following deadlines for pretrial submissions and filings. Absent leave of court for good cause, the parties shall adhere to these deadlines.

7. CONFIDENTIALITY AND PROTECTIVE ORDERS

To the extent any discovery materials are designated confidential or subject to protective order, the parties shall comply with the terms of existing protective orders and shall meet and confer to resolve disputes concerning confidentiality prior to trial. Any use of documents at trial designated confidential shall be addressed by the parties in advance to avoid disclosure of protected information to the public.

8. EVIDENCE FORMAT AND DEMONSTRATIVES

The parties agree to exchange electronic copies of exhibits, proposed demonstratives, and schedules for courtroom technology at least prior to trial. Demonstratives not disclosed in accordance with this Stipulation may be excluded at trial absent a showing of good cause.

9. SETTLEMENT OFFERS

Statements made in settlement negotiations or in mediation and any settlement communications shall remain inadmissible at trial except to the extent otherwise permitted by applicable law or ordered by the Court.

10. GOVERNING LAW

This Stipulation shall be governed by and construed in accordance with the substantive and procedural laws of the jurisdiction in which the above-referenced court sits.

11. ENTIRE AGREEMENT

This Stipulation constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements and understandings, whether written or oral, relating to the matters addressed in this Stipulation.

12. SEVERABILITY

If any provision of this Stipulation is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed to effectuate the parties' intent to the fullest extent permitted by law.

13. NOTICES

All notices required or permitted by this Stipulation shall be in writing and shall be delivered to counsel of record for each party at the addresses set forth below or by electronic mail when consented to by the receiving party.

14. AMENDMENTS AND WAIVER

This Stipulation may be modified or amended only by a writing signed by the parties or their counsel and approved by the Court where required. No waiver of any provision of this Stipulation shall be effective unless in writing and signed by the party waiving compliance.

15. COUNTERPARTS

This Stipulation may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. A facsimile or electronic copy of a signature shall be treated as an original signature for all purposes.

CERTIFICATION

The undersigned counsel certify that they have conferred and in good faith have attempted to resolve disputes and to prepare this Stipulation cooperatively. Counsel represent that they are authorized to bind their clients with respect to the matters addressed herein.

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