Fill and Sign the Pretrial Memorandum Form

IN THE UNITED STATES DISTRICT COURT FOR THE _________ DISTRICT OF ________________ (Name of State) ________________ (Name of Division) ____________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. _____,_____ ____________________ DEFENDANT (Name of Defendant) FINAL PRETRIAL ORDER The parties having conferred among themselves and with the Court pursuant to Fed. R. Civ. P. 16 and Local Rule 11, the following is adopted as the Pretrial Order herein: 1. JURISDICTION -- VENUE: (State succinctly the claimed statutory basis of federal jurisdiction and venue and whether there is any dispute concerning jurisdiction or venue). 2. JURY -- NONJURY: (State whether any party has demanded a jury trial of all or any of the issues and, if so, whether each adversary accepts or contests a demand for jury trial). 3. NATURE OF THE CASE AND RELIEF PRAYED: (State the nature of the case [ e.g. , suit for unfair competition], elements of monetary damages, if any, claimed by each party involved in the case, and the kind and general terms of any other type of relief prayed by each). 4. FURTHER PROCEEDINGS: (State whether any further pretrial proceedings are necessary or appropriate [for example, amendments to the pleadings, dismissal of the case as to unserved parties, or substitutions of parties]). 5. STIPULATION OF UNCONTESTED FACTS: (Give a plain, concise statement in separate, numbered paragraphs of the agreed facts pertaining to:  A. Liability,  B. Damages, and  C. Any special defenses, counterclaims, or third party claims). (In cases to be tried to a jury, this stipulation shall be in a form such that it may be read to the jury as the first evidence at trial. In all cases, if the admissibility of any uncontested fact is challenged, the objecting party and the precise grounds of the objection must be identified in the stipulation). 6. PLAINTIFF'S CONTENTIONS OF FACT: (Give a plain, concise statement in separate, numbered paragraphs of plaintiff's assertions regarding disputed factual matters). 7. DEFENDANT'S CONTENTIONS OF FACT : (Give a plain, concise statement in separate, numbered paragraphs of defendant's assertions regarding disputed factual matters). 8. ISSUES OF LAW: [List brief, numbered statements of any points of law (substantive, evidentiary or procedural, or concerning the measure or kind of relief prayed) which are or may reasonably be expected to be in controversy; without waiving the right to make legal arguments at an appropriate time, the parties should indicate with as much particularity as possible the pertinent statutes, ordinances, regulations, cases or other authority relied on by one or the other party. If counsel are unable to agree on a statement of all triable issues, then those issues upon which they agree shall be listed first. The remaining issues will then be listed as proposed by each party. Legal argument is not appropriate in this Order ).] 9. SEPARATE TRIAL OF ISSUES: (State whether any of the issues are to be tried separately, for example in a tort case liability and damages). 10. WITNESSES: [Prepare a separate list for each party of the names and addresses of all witnesses (parties, experts or others) whom the party expects to call in person or through deposition, except witnesses who may be called only for impeachment or rebuttal. Such list shall include the witness' title or position and a brief statement of the anticipated testimony. If any additional witnesses come to the attention of counsel prior to the trial, a supplemental list must be prepared, with notice to the opposing side, and filed with the court no later than two days prior to trial. This supplemental list must include the reason why the witness' name was not set forth in this Final Pretrial Order]. IT IS ORDERED that witnesses not listed in this Order will not be permitted to testify at trial, except for good cause shown. 11. EXPERTS: (Where expert witnesses are to be called, their qualifications shall be set forth in addition to their names, addresses and summaries of their expected testimony). 12. EXHIBITS: (Prepare a separate list for each party of all exhibits which the party expects to offer at trial, except those that may be used only for impeachment or rebuttal. Each exhibit shall be given a proposed designation: plaintiff's exhibits shall be marked numerically in sequence; defendant's exhibits shall be lettered in sequence; initials are to be added in cases involving multiple plaintiffs or defendants. Counsel shall stipulate, to the extent possible, to the admissibility of all such exhibits. Each exhibit shall be deemed to be genuine and admissible unless otherwise marked: exhibits marked with one asterisk are conceded to be genuine without concession of admissibility; those marked with two asterisks are deemed marked for identification only. Should any party decide to offer additional exhibits following submission of this Order, a supplemental list must be prepared, with notice to the opposing side, and filed with the court no later than two days prior to trial. This supplemental list must include the reason why the exhibit was not set forth in this Order). IT IS ORDERED that only exhibits listed in this Order shall be offered at trial, except for good cause shown. 13. DEPOSITIONS: (For each party prepare a list by witness, volume and page of all depositions which the party expects to offer at trial. Any objection to the receipt in evidence of any portion of such depositions and the grounds of each objection must be specified. A copy of any portion of deposition transcripts or other documents to be offered in evidence shall be submitted for the use of the judge. Portions of the original transcripts or other documents which will not be offered in evidence should be redacted from the copies of the documents which are submitted). 14. TRIAL DATE: (Set forth at least three dates which would be convenient for the commencement of trial, and a statement of any anticipated problems concerning trial attendance of parties, counsel, or essential witnesses). 15. ESTIMATE OF TRIAL TIME: (Make a careful estimate of the number of trial days required for presentation of each party's case to the nearest one-half day). 16. JURY SELECTION QUESTIONS: (If the case is to be tried to a jury), IT IS ORDERED that requests for and objections to voir dire to be asked of prospective jurors shall be submitted to the court no later than one week prior to the commencement of jury selection. 17. REQUESTS FOR JURY INSTRUCTIONS: (If the case is to be tried to a jury), IT IS ORDERED that requests for instructions shall be submitted to the Court one week prior to the commencement of the trial, but there is reserved to counsel for the respective parties the right to submit supplemental requests for and objections to instructions during the course of the trial or at the conclusion of the evidence on matters that cannot be reasonably anticipated. 18. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW: (If the case is to be tried to the Court), IT IS ORDERED that proposed findings of fact and conclusions of law shall be submitted to the court no later than two days prior to trial, but there is reserved to counsel for the respective parties the right to submit supplemental requests for and objections to instructions during the course of the trial or at the conclusion of the evidence on matters that cannot be reasonably anticipated. 19. TRIAL BRIEFS: (In all cases), IT IS ORDERED that trial briefs shall be submitted to the court no later than two days prior to trial. 20. MISCELLANEOUS: (Set forth any other appropriate matters which will aid in the disposition of the matter). 21. TRIAL COUNSEL: (List the name, addresses, and telephone numbers of the attorneys who will try the case for the respective parties). 22. MODIFICATION OF ORDER: This pretrial order has been formulated after conference at which counsel for the respective parties have appeared in person. Reasonable opportunity has been afforded counsel for corrections or additions, prior to signing. Hereafter, this Order will control the course of the action and will not be modified except by order of the court for good cause shown or otherwise to prevent manifest injustice. This the ______ day of _________________, 20_____. __________________________ United States District Judge Approved: ___________________ Attorney for Plaintiff ___________________ Attorney for Defendant