EXHIBIT C
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
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Plaintiff(s)., )
)
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)
v. ) Case No.: Case Number.
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Defendant(s)., )
)
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[SAMPLE/PROPOSED] PRETRIAL ORDER1
A pretrial conference was held in this case on (date). As a result, the
following proceedings were held and action taken:
1. APPEARANCES. Appearing at the conference were:
[Include a line for each party in the case.]
2. JURISDICTION AND VENUE.
[List each statute, rule, or case authorizing the court’s subject matter
jurisdiction in this action. Also state whether personal jurisdiction and/or
venue are contested. If personal jurisdiction or venue is contested, briefly set
out the relevant arguments.]
1
This Sample Proposed Pretrial Order form may be accessed at
www.alnd.uscourts.gov; Judge’s Info, Magistrate Judges, Magistrate Judge
Nicholas A. Danella, Civil Forms, Sample Proposed Pretrial Order.
3. PARTIES AND TRIAL COUNSEL. The parties before the court and
designated trial counsel are correctly named as set out below:
Parties: Trial Counsel:
[Include a line for each party in the case.]
4. PLEADINGS. The following pleadings have been allowed:
[List the pleadings in the order in which they were filed and allowed. Do
not include pleadings that have been stricken or otherwise disallowed.]
5. STATEMENT OF THE CASE.
a. Agreed Summary: [The agreed summary should be concise (typically no
more than three or four sentences) and appropriate for the court to use in
advising the jury during voir dire regarding the basic nature of the case.]
b. Stipulated Facts: [The parties shall set out in separate numbered
paragraphs each fact on which the parties agree and on which no proof
is required. The parties are reminded that the court expects them to
approach this task in a good faith effort to agree on all relevant facts for
which there is no reasonable basis for disagreement. In a jury trial, this
section will be read to the jury, and the jury will be instructed to accept
these facts as true.]
c. Contested Issues of Fact: [In separately numbered paragraphs, list all
factual issues in controversy that are necessary for a final determination
of the case.]
d. Agreed Applicable Propositions of Law: [List the basic principles of law
that the parties agree are essential to a determination of the case—e.g.,
the elements of plaintiff’s claims and defendant’s defenses. These
statements of law should be suitable for use by the court in preliminary
instructions to the jury.]
e. Plaintiff’s Positions: [Insert brief statement, typically <1 page.]
f. Defendant’s Positions: [Insert brief statement, typically <1 page.]
6. DISCOVERY AND OTHER PRETRIAL PROCEDURES.
a. All discovery was completed by (date), and no further discovery is
required / / The parties are given leave to proceed with further
discovery provided it is commenced in time to be completed by
(date).
b. Pending Motions: [In separately numbered paragraphs, list all pending
motions or state that there are no motions pending.]
7. SPECIAL MEDICAL PROVISIONS. [Where applicable.]
Counsel for all parties are granted the right to inspect and copy all hospital
and medical reports relative to the medical care, treatment, diagnosis,
condition, and history of (individual’s name), as well as the right to interview
(in person or otherwise) all physicians, administrators, and other personnel in
connection therewith. Pursuant to HIPAA, a copy of this order shall
constitute sufficient authority for such inspection, copying, or interview, and
to authorize medical providers to supply such information and interviews.
8. THIS ORDER INCORPORATES THE REQUIREMENTS AND
SCHEDULE IN THE COURT’S PRIOR “ORDER SETTING TRIAL
DATE AND PRETRIAL SCHEDULE,” INCLUDING EXHIBITS A &
B TO THAT ORDER (DOC. ___, ENTERED ON ___).
