SAMPLE PROPOSED PRETRIAL ORDER
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
[Name of Division] DIVISION
[Name of the Plaintiff(s)], )
)
Plaintiff(s), )
)
v. ) Case No.: [#:##-cv-####-HNJ]
)
[Name of the Defendant(s)], )
)
Defendant(s). )
PRETRIAL ORDER 1
A pretrial conference was held in the above case on [Date], wherein, or as a result of which,
the following proceedings were held and actions were taken:
1. Appearances. Appearing at the conference were:
For [Enter Plaintiff(s)]:_______________________________________
For [Enter Plaintiff(s)]:_______________________________________
For [Enter Defendant(s)]:_____________________________________
For [Enter Defendant(s)]:_____________________________________
[Include a line for each party in the case]
2. Jurisdiction and Venue.
(a) The court has subject matter jurisdiction of this action under the following
statutes, rules or cases:
[List each statute, rule, or case claimed to authorize the court's subject matter jurisdiction in
this action.]
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This Pretrial Order form may be accessed at www.alnd.uscourts.gov; Court Info, Judicial
Officers, Herman N. Johnson, Jr., Pretrial Order.
(b) All jurisdictional and procedural requirements prerequisite to maintaining
this action [have/have not] been met.
(c) Personal jurisdiction and/or venue [are/are not] contested.
[If personal jurisdiction or venue is contested, briefly set out the relevant arguments.]
3. Parties and Trial Counsel. Any remaining fictitious parties are hereby
STRICKEN. The parties and designated trial counsel are correctly named as set out below:
Parties: Trial Counsel:
Plaintiff(s): [Name of the Plaintiff(s)] [Name of Counsel]
[Name of the Plaintiff(s)]
Defendant(s): [Name of the Defendant(s)] [Name of Counsel]
[Name of the Defendant(s)]
[Include a line and designation for each party in the case.]
4. Claims and Defenses. The following claims and defenses have been allowed:
[Do not include claims and defenses that have been stricken or otherwise disallowed.]
5. Statement of the Case.
(a) Narrative Statement of the Case.
[The parties shall briefly summarize the case. In a jury trial, this section will be read to the
jury venire during the jury selection process to advise them of the basic nature of the case. The
agreed summary should be concise – typically no more than three or four sentences.]
(b) Undisputed Facts.
[The parties shall set out in separately 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) Plaintiff’s Claims.
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[For each Defendant, each Plaintiff shall state each legal theory relied upon and shall set out
the factual allegations which he/she expects to prove in support of each theory. Each
statement should be concise – no more than two to three paragraphs per claim – and should be
suitable for use by the court in preliminary instruction of the jury.]
(d) Defendant’s Defenses.
[For each claim against him/her, each Defendant shall state each legal theory relied upon and
shall set out the factual allegations which he/she expects to prove in support of each such legal
theory. Each statement should be concise – no more than two to three paragraphs per claim –
and should be suitable for use by the court in preliminary instruction of the jury.]
6. Discovery and Other Pretrial Procedures.
(a) Pretrial Discovery. Pursuant to previously entered orders of the court,
discovery is closed.
(b) Pending Motions.
[List all pending motions or state that there are no motions pending.]
7. Trial Date.
(a) This case is set for [Jury/Non-Jury] trial on _______________________.
(b) The trial of this matter is expected to last ________ days.
(c) The trial will occur in the United States District Courthouse, [address of
courthouse where trial will occur.]
8. Exhibit A. The parties must comply fully with each provision contained in
Exhibit A B Standard Pretrial Procedures which is incorporated into this Order by reference as if
fully set forth verbatim herein.
It is ORDERED that the above provisions bind all parties unless modified by further order
for good cause shown.
DONE and ORDERED this __________ day of ____________, 20_____.
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___________________________________
HERMAN N. JOHNSON, JR.
UNITED STATES MAGISTRATE JUDGE
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EXHIBIT A B STANDARD PRETRIAL PROCEDURES
1. Damages. No later than thirty (30) calendar days prior to the date set for
trial, the parties shall file and serve a list itemizing all damages and equitable
relief being claimed or sought; such list shall show the amount requested and,
where applicable, the method and basis of computation.
2. Witnesses B Exchange of Lists.
(a) Witnesses. No later than thirty (30) calendar days prior to the date
set for trial, the parties shall file and serve a list stating the names and
addresses of all witnesses whose testimony they may offer at trial,
including those witnesses the party expects to present by means of
depositions with a listing of the specific pages from the depositions to
be used.
(b) Presenting Witnesses by Deposition.
(1) The court will accept the parties= written or on-the-record
agreement to use a deposition at trial even though the witness is
available. In the absence of such an agreement, parties must
comply with Fed R. Civ. P. 32.
(2) As to any witnesses shown on such list to be presented by
deposition, within ten (10) business days after the filing of
such list, an opposing party may serve a list of additional pages
of the deposition to be used, and may serve and file objections to
the use of such deposition testimony under Rule 32 or Rule
26(a)(3)(B). Any objections to deposition testimony should be
accompanied by excerpts from the depositions including the
testimony to which the objection relates. Objections not
disclosed, other than objections under Fed. R. Evid. 402 and 403,
shall be deemed waived, unless excused by the court for good
cause shown. Any responses to objections shall be filed within
five (5) business days after filing of said objections.
(3) Before trial, counsel must provide the courtroom deputy with a
copy of all depositions to be used as exhibits at trial.
(4) To the extent possible, counsel will designate the portion of any
deposition that counsel anticipates reading by citing pages and
lines in the final witness list.
(5) Use of videotape depositions is permitted and the parties must
make good faith efforts to agree on admissibility or edit the
videotape to resolve objections.
(6) In a non-jury trial, for any deposition offered as a trial exhibit,
counsel shall attach to the front of the exhibit a summary of what
each party intends to prove by the deposition testimony, with line
and page citations, and include an appropriate concordance of the
deposition pages offered.
3. Exhibits.
(a) Exchange of lists. No later than thirty (30) calendar days prior to
the date set for trial, the parties shall file and serve a list providing an
appropriate identification of each document or other exhibit, including
summaries of other evidence, separately identifying those exhibits that
the party expects to offer and those exhibits that the party may offer if
the need arises. Unless specifically agreed by the parties in writing or
allowed by the court for good cause shown, the parties shall be
precluded from offering as substantive evidence any exhibit not so
identified.
Courtesy copies of Exhibit Lists should be submitted to the Clerk=s
office (for delivery to the judge=s chambers), as well as emailed to the
chambers email address at
[email protected], in
Adobe PDF format.
(b) Objections and Stipulations. Upon receipt of Exhibit Lists, the
parties shall immediately meet and confer regarding any objections to
the listed exhibits. Most objections should be cured by discussion, and
the parties should stipulate as to the admissibility of as many exhibits
as possible.
As to any document or other exhibit on which agreement cannot be
reached, including summaries of other evidence shown on such list, no
later than ten (10) business days after the filing of such list, an
opposing party shall serve and file objections, together with the grounds
therefor, that may be made as to the admissibility of exhibits identified
on such list. Objections not so disclosed, other than objections under
Fed. R. Evid. 402 and 403, shall be deemed waived, unless excused by
the court for good cause shown. Any responses to objections shall be
filed within five (5) business days after filing of said objections.
The court generally rules on objections to exhibits outside the presence
of the jury and will do so prior to opening statements, to the extent
possible.
(c) Counsel requiring authentication of an opponent=s exhibit must
notify offering counsel in writing within five (5) business days after
the exhibit list is filed. Failure to do so is an admission of
authenticity. (Be mindful of the deadline to file motions in limine,
which may be used to challenge the authenticity of exhibits.)
(d) Marking. Each party that anticipates offering more than five (5)
exhibits as substantive evidence shall pre-mark such exhibits in
advance of trial, using exhibit labels and lists available from the Clerk
of Court. The court will provide up to 100 labels; if any party needs
more labels, that party must use labels of the same type as those
supplied by the court. Counsel must contact the courtroom deputy for
the appropriate exhibit list form for use at trial. The court urges
counsel to be judicious in determining which documents actually are
relevant to necessary elements of the case.
(e) Examination by Opposing Party. Except where beyond the party=s
control or otherwise impractical (e.g., records from an independent
third-party being obtained by subpoena), each party shall make such
exhibits available for inspection and copying. The presentation of
evidence at trial shall not ordinarily be interrupted for opposing counsel
to examine a document that has been identified and was made available
for inspection.
(f) Court=s Copies. In addition to the pre-marked trial exhibits
mentioned above, the court requests for the bench an exhibit notebook
of anticipated trial exhibits (to the extent possible and practical). The
notebook should include a copy of the Exhibit List referenced above.
(g) In addition, each party who anticipates offering as substantive evidence
as many as six exhibits shall pre-mark such exhibits in advance of trial,
using exhibit labels and exhibit lists available from the Clerk of Court.
Each party offering an exhibit shall also provide the courtroom
deputy with an Adobe pdf formatted version of every exhibit
offered at trial for inclusion in the electronic record. By the time
the case is scheduled for trial, a copy of the exhibit list with the pre-
marked numbers shall be served and filed, with the exhibits being made
available for inspection by opposing counsel; the presentation of
evidence at trial shall not ordinarily be interrupted for opposing counsel
to examine a document that has been so identified and made available
for inspection.
THE PARTIES ARE REMINDED THAT THEY WILL NOT BE ALLOWED
TO USE AT TRIAL ANY WITNESS OR EXHIBIT NOT DISCLOSED IN
ACCORDANCE WITH FED. R. CIV. P. 26(a) OR 26(e), UNLESS
EXTREMELY GOOD CAUSE IS SHOWN AND THE OFFERING PARTY
CAN SHOW THAT ITS FAILURE TO DISCLOSE WAS HARMLESS. See
Fed. R. Civ. P. 37(c)(1).
4. Motions In Limine
No later than ten (10) business days after filing of witness and exhibit lists,
the parties may file motions in limine which shall be accompanied by supporting
memoranda. Parties are encouraged to resolve evidentiary issues by stipulation
whenever possible. Parties may file oppositions to motions in limine within five
(5) days after the filing of said motions.
5. Trial Submissions to Court.
No later than fourteen (14) days prior to the scheduled trial date, each party
will submit the following to the Clerk=s office (for delivery to the judge=s chambers):
(a) A listing of any special evidentiary or other anticipated legal problems
with citation to legal authority that supports the party=s position.
(b) Any special questions or topics for voir dire examination of the jury
venire.
Parties may, if they desire, file trial briefs. Any such briefs must be filed at least
fourteen (14) days prior to trial. Opposing parties may respond to such trial briefs
at least seven (7) days prior to trial. The briefs, if any, should not exceed ten (10)
typed pages. Additionally, should email courtesy copies of all briefs to the
chambers email address at
[email protected], in Adobe PDF
format.
6a. *Jury Charges.
No later than fourteen (14) days prior to the scheduled trial date, the parties
shall file a single, joint proposed jury charge, including all necessary instructions,
or definitions applicable to the specific issues of the case. The parties need not
submit standard generic instructions regarding routine matters, e.g., burden of proof,
credibility of witnesses, duty of jurors, etc. The parties should also file any
requested special verdict forms and/or interrogatories.
(a) Each requested instruction must be numbered and presented on a
separate sheet of paper with authority cited.
(b) In their joint, proposed jury materials, counsel are to include all
necessary instructions or definitions, specifically including items of
damages and methods of calculation of damages. Counsel are to use
the current Eleventh Circuit Pattern Jury Instructions, or appropriate
state pattern jury instructions, as modified by case law or statutory
amendments, wherever possible. Any deviations must be identified,
and accompanied with legal authorities for the proposed deviation.
(c) Even if the parties, in good faith, cannot agree on all instructions,
definitions or questions, the parties should nonetheless submit a single,
unified charge. Each disputed instruction, definition, or question
should be set out in bold type, underlined or italics and identified as
disputed. Each disputed item should be labeled to show which party is
requesting the disputed language. Accompanying each instruction
shall be all authority or related materials upon which each party relies.
The parties shall also email the unified charge and any special
verdict forms and/or interrogatories, in Word or WordPerfect
format, to the chambers email address at johnson_chambers
@alnd.uscourts.gov.
6b. *Trial[Non-Jury].
(a) Proposed Facts.
(1) No later than twenty-five (25) calendar days prior to trial,
Plaintiff=s counsel shall submit to Defendant=s counsel a
statement setting forth the principle facts proposed to be proved
by Plaintiff in support of their claims as to liability and damages.
These facts should be set out in short, separately numbered
paragraphs.
(2) No later than fifteen (15) calendar days prior to trial,
Defendant=s counsel shall return the statement of principle facts
to Plaintiff=s counsel, indicating thereon those factual
contentions of the Plaintiff with which they disagree and
including any additional facts Defendant proposes to prove.
(3) No later than seven (7) calendar days prior to trial, Plaintiff=s
counsel shall indicate on the statement of principle facts those
additional factual contentions of Defendant with which Plaintiff
disagrees and shall file with the court the modified statement of
principle facts, serving a copy thereof on opposing counsel. The
final product should have all agreed facts, regardless of by whom
proposed, collected under one heading and have the respective
additional disputed facts proposed by the parties collected under
separate headings. The final product should be submitted to the
Clerk=s office (for delivery to the judge=s chambers), and then
emailed to the chambers email address at
[email protected], in Word or WordPerfect
format.
(4) In stating facts proposed to be proved, counsel shall do so in
simple, declarative, consecutively numbered sentences, avoiding
Acolor words,@ labels, and legal conclusions. In indicating
disagreement with a proposed fact, counsel shall do so by
deletion or interlineation of particular words and phrases so that
the nature of the disagreement will be clear. Objections to the
admissibility of a proposed fact (whether as irrelevant or on other
grounds) may be made at trial and, without court order, may not
be used to avoid indicating agreement or disagreement with the
truth of the proposed fact.
(b) Proposed Conclusions of Law.
(1) No later than twenty-five (25) calendar days prior to trial,
Plaintiff=s counsel shall submit to Defendant=s counsel a
statement setting forth the principles of law, with citation to
authority, that Plaintiff contends are applicable to the case.
These principles should be set out in short, separately numbered
paragraphs.
(2) No later than fifteen (15) calendar days prior to trial,
Defendant=s counsel shall return the statement of principles of
law, indicating thereon those principles of law of the Plaintiff
with which they disagree, and including any additional principles
of law on which Defendant relies.
(3) No later than seven (7) calendar days prior to trial, Plaintiff=s
counsel shall indicate on the statement of principles of law those
additional principles of law of Defendant with which Plaintiff
disagrees and shall file with the court the modified statement of
principles of law, serving a copy thereof on opposing counsel.
The final product should have all agreed principles of law,
regardless of by whom proposed, collected under one heading
and have the respective additional disputed principles proposed
by the parties collected under separate headings. The final
product should be submitted to the Clerk=s office (for delivery to
the judge=s chambers), and then emailed to the chambers email
address at
[email protected], in Word or
WordPerfect format.
7. Court=s Expectations.
(a) The court will expect all parties to be ready for trial as of the trial date
set in the Pretrial Order unless a continuance is requested within ten
(10) business days after the date on which the court enters the
Pretrial Order. Continuances based on inadequate preparation will not
be considered favorably.
(b) The court calls to the attention of all parties the various time
requirements in the Pretrial Order and Exhibits. The court strictly
adheres to these time requirements to avoid last minute requests for
rulings.
(c) Any case announced settled after the Pretrial Conference but before the
scheduled trial date will be dismissed with prejudice and with costs
taxed as paid on the scheduled trial date unless a different stipulated
judgment form is submitted on or before the scheduled trial date.
