Fill and Sign the United States District Court Southern Division Plaintiff Name Form

In The United States District Court for the ________________ (Name of District) of _______________ (Name of State) ____________________ ( Name of Division) _______________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. _____,______ ______________________ DEFENDANT (Name of Defendant) Pretrial Order This matter having come before the court at a pretrial conference held pursuant to Fed. R. Civ. P. 16, and __________________ (Name of Attorney for Plaintiff) having appeared as counsel for __________________ (Name of Plaintiff), Plaintiff herein, and _____________________ (Name of Attorney for Defendant) having appeared as counsel for ____________________ (Name of Defendant), Defendant herein; the following action was taken: 1. This is an action for (nature of action) _______________________________, and the jurisdiction of the Court is invoked under 28 U.S.C.A. § 1332(a). The jurisdiction of the Court is not disputed. The question of jurisdiction was decided as follows: (summary of decision) _________________________________________________ ________________________________________________________________________ ___________________________________________________________________. The following stipulations and statements were submitted, were ordered filed, and are made a part of this Order: a. A written stipulation or statement of the uncontested facts. b. Written stipulations or statements setting forth the qualifications of the expert witnesses to be called by each party. c. A written list or lists of the potential witnesses to be called by each party. d. A written statement of the contested issues of fact and of law filed on behalf of the Plaintiff. e. A written statement of the contested issues of fact and of law filed on behalf of Defendant. f. Written waivers of claims or defenses that have been abandoned by the parties. 2. The following exhibits were offered by Plaintiff, received in evidence, and marked as indicated (list of identification numbers and descriptions of each exhibit) ________________________________________________________________________________________________________________________________________________ _________________________________________________________________. 3. The following exhibits were offered by Plaintiff and marked for identification. (list of identification numbers and descriptions of each exhibit) ___________________ ________________________________________________________________________ ___________________________________________________________________. Defendant reserved the right to object to their receipt in evidence on the grounds stated: (ground of objection) ___________________________________________________ _____________________________________________________________________. 4. The following exhibits were offered by Defendant, received in evidence, and marked as indicated: (list of identification numbers and descriptions of each exhibit) ______________________________________________________________ _____________________________________________________________________. 5. The following exhibits were offered by Defendant and marked for identification. Plaintiff reserved the right to object to their receipt in evidence on the grounds stated: (list of identification numbers and descriptions of each exhibit, and grounds of objections) ___________________________________________________________ ________________________________________________________________________________________________________________________________________________ _________________________________________________________________. 6. The following additional action was taken: (list of actions taken, if none state None) ________________________________________________________________ ________________________________________________________________________ ___________________________________________________________________. 7. Plaintiff is limited to ______ (number) expert witnesses, whose names have been disclosed to Defendant. Defendant is limited to ______ (number) expert witnesses, whose names have been disclosed to Plaintiff ). There is, however, reserved to each of the parties the right to offer rebuttal testimony of other expert witnesses if necessary. 8. There is reserved to each of the parties the right to further supplement the list of witnesses on application to the Court, and for good cause shown. 9. There is reserved to each of the parties the right to call such rebuttal witnesses as may be necessary, without prior notice to the other party. 10. The probable length of trial is ______ (number) days. The case will be listed on the trial calendar, to be tried when reached. 11. Plaintiff would submit the following Uniform Jury Instructions: (list of jury instructions of Plaintiff) ________________________________________________ ________________________________________________________________________ ___________________________________________________________________. Defendant would submit the following Uniform Jury Instructions: (list of jury instructions of Plaintiff) ________________________________________________ ________________________________________________________________________ ___________________________________________________________________. It is ordered that this Pretrial Order may be modified at the trial of the action, or prior to the trial, to prevent manifest injustice. Such modification may be made either on application of counsel for the parties or on motion of the Court; It is further ordered that there is reserved to counsel for the respective parties the right to submit supplemental requests for instructions during the course of the trial or at the conclusion of the evidence on matters that cannot reasonably be anticipated. Dated: ________________ (date of order) ______________________________ (Signature of Judge) APPROVED AS TO FORM AND SUBSTANCE. By: _______________________________ (Printed Name of Plaintiff’s Attorney) _______________________________ (Signature of Plaintiff’s Attorney) State Bar No. _____________ Attorney for ________________________ (Name of Plaintiff) By: _______________________________ (Printed Name of Defendant’s Attorney) _______________________________ (Signature of Defendant’s Attorney) State Bar No. _____________ Attorney for ____________________ (Name of Defendant)