F.R.Civ.P. 86. EFFECTIVE DATES
END OF CHAPTER I - LOCAL CIVIL RULES
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Appendix A to Local Rules
PRETRIAL FORM NO. 1
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
(TITLE OF CASE) ) CASE NO.
)
) FINAL PRETRIAL
) CONFERENCE ORDER
)
)
)
Following pretrial proceedings, pursuant to F.R.Civ.P. 16 and L.R. 16, IT IS
ORDERED:
1. The parties are: [list]
Each of these parties has been served and has appeared. All other
parties named in the pleadings and not identified in the preceding paragraph are
now dismissed.
The pleadings which raise the issues are: [list]
2. Federal jurisdiction and venue are invoked upon the grounds: [Give a
concise statement of facts necessary to confer federal jurisdiction and venue. State
whether the facts requisite to federal jurisdiction are denied or admitted.]
3. The trial is estimated to take trial days. [Where
counsel cannot agree set forth each side’s estimate.]
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4. The trial is to be a jury [non-jury] trial.
[If a jury trial add: At least seven (7) days prior to the trial date the
parties shall file and serve by e-mail, fax, or personal delivery: (a) proposed jury
instructions as required by L.R. 51-1 and (b) any special questions requested to be
asked on voir dire.]
[If a non-jury trial add: At least seven (7) days prior to the trial date
the parties shall lodge and serve by e-mail, fax, or personal delivery the findings of
fact and conclusions of law the party expects the Court to make upon proof at the
time of trial as required by L.R. 52-1.]
5. The following facts are admitted and require no proof: [list admitted
facts]
6. The following facts, though stipulated, shall be without prejudice to
any evidentiary objection: [list facts not to be contested though not admitted]
7. [This section of the Final Pretrial Conference Order is intended to
finalize, in advance of trial, the claims and defenses to be presented at trial. In
accordance with F.R.Civ.P. 16(c), parties will be precluded from presenting claims
or defenses not set forth in this order, in the manner required by this order, unless
the order is modified to prevent manifest injustice. Only claims or defenses
contained in the complaint and answer and any court authorized amendment or
supplement may be included in this Final Pretrial Conference Order. If a party
chooses to abandon a claim or defense previously alleged, it may do so by not
including it in this order, and the failure to include any pleaded claim or defense
will be deemed to effect such a waiver. The following format must be employed:]
Plaintiff(s):
(a) Plaintiff plans to pursue the following claims against the following
defendants:
[Here list claims in summary fashion, for example:
Claim 1: Defendant A breached his contract with Plaintiff;
Claim 2: Defendant A violated the Americans with Disabilities
Act, 42 U.S.C. § 12101 et seq.]
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(b) The elements required to establish Plaintiff’s claims are: [List the
elements separately for each claim, as found in standard jury instructions or case
law. The parties should strive to agree on the elements. If the parties cannot agree
on an element, then each party may state its version of the elements.]
(c) In brief, the key evidence Plaintiff relies on for each of the claims is:
[List separately for each element of each claim.]
Defendant(s):
(a) Defendant plans to pursue the following counterclaims and
affirmative defenses: [Insofar as defenses are concerned, Defendant should
identify only affirmative defenses, which are those matters on which the Defendant
bears the burden of proof. They are matters which would defeat Plaintiff’s claim
even if Plaintiff established the elements of the claim. Examples of such
affirmative defenses – which must have been pleaded in Defendant’s Answer –
appear in F.R.Civ.P. 8(c). Insofar as counterclaims are concerned, Defendant
should follow the same format as Plaintiff in listing claims.]
(b) The elements required to establish Defendant’s counterclaims and
affirmative defenses are: [List the elements separately for each counterclaim or
affirmative defense as found in standard jury instructions or case law. The parties
should strive to agree on the elements. If the parties cannot agree on an element,
then each party may state its version of the elements.]
(c) In brief, the key evidence Defendant relies on for each counterclaim
and affirmative defense is: [List separately for each element of each counterclaim
or defense.]
Third Party Plaintiffs and Defendants:
[Claims and defenses in third-party cases should be analyzed and set forth in
the same way as those of plaintiffs and defendants. Separate proposed pretrial
conference orders will not be accepted.]
8. In view of the admitted facts and the elements required to establish the
claims, counterclaims and affirmative defenses, the following issues remain to be
tried: [list ultimate issues, not evidentiary issues]
9. All discovery is complete.
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10. All disclosures under F.R.Civ.P. 26(a)(3) have been made.
The joint exhibit list of the parties has been filed under separate cover
as required by L.R. 16-6.1. Unless all parties agree that an exhibit shall be
withdrawn, all exhibits will be admitted without objection at trial, except those
exhibits listed below:
Plaintiff objects to Exhibit Nos. .
Defendant objects to Exhibit Nos. .
The objections and grounds therefor are: [list exhibit and grounds for
objections separately as to each exhibit]
11. Witness lists of the parties have been filed with the Court.
Only the witnesses identified in the lists will be permitted to testify
(other than solely for impeachment).
Each party intending to present evidence by way of deposition
testimony has marked such depositions in accordance with L.R. 16-2.7. For this
purpose, the following depositions shall be lodged with the Clerk as required by
