[PRETRIAL ORDER FOR USE IN CASES ASSIGNED TO JUDGE KANE]
[Except for the caption and signature blocks, the proposed Order itself, like all filings, should be
double-spaced as required by D.C.Colo.LCivR 10.1(e). The bracketed text on the form conveys
instructions to counsel or parties appearing pro se and should not be included in the proposed
Pretrial Order submitted to the court.]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. *
*,
Plaintiff,
v.
*,
Defendant.
PRETRIAL ORDER
1. DATE AND APPEARANCES
[State the date of the Pretrial Conference and identify the counsel present.]
2. JURISDICTION
[State the basis for subject matter jurisdiction with appropriate statutory citations. If
jurisdiction is denied, give the specific reasons for the denial.]
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3. CLAIMS AND DEFENSES
a. Plaintiff(s)’ statement:
b. Defendant(s)’ statement:
c. Other parties’ statement:
[Summarize the claims and defenses of all parties, including the respective versions of the
facts and legal theories. Do not copy the pleadings and make certain to eliminate claims and
defenses that are unnecessary, unsupported, no longer asserted or have been decided as a result
of court rulings on dispositive motions. Do not include arguments or opinions on the merits. Make
the statements concise and objective. Identify the specific relief sought and the specific party or
parties against whom such is sought. Use the names of the parties. Do not use “plaintiff,”
“defendant,” or other generic terms. Use of the collective terms “plaintiffs” or “defendants” is
inappropriate.]
4. STIPULATIONS
[Set forth in sequential order all stipulations concerning a. facts, b. evidence, and c. the
applicability of 1. statutes, 2. regulations, 3. rules, 4. ordinances, etc.]
5. PENDING MOTIONS
[List any pending motion(s) giving the filing date and the filing dates of any briefs in
support or opposition. If there are no pending motions, please state “None.”]
6. WITNESSES
a. Non-expert Witnesses
[List the non-expert witnesses to be called by each party. List separately:]
(1) Witnesses who will be present at trial [see Fed. R. Civ. P. 26(a)(3)(A)];
(2) Witnesses who may be present at trial if the need arises [see id.]; and
(3) Witnesses whose testimony is expected to be presented by means of a
deposition and a transcript of the pertinent portions of the deposition
testimony [see Fed. R. Civ. P. 26(a)(3)(B)].
b. Expert Witnesses
[List the expert witnesses to be called by each party. List separately:]
(1) Witnesses who will be present at trial [see Fed. R. Civ. P. 26(a)(3)(A)];
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(2) Witnesses who may be present at trial [see id.]; and
(3) Witnesses whose testimony is expected to be presented by means of a
deposition and a transcript of the pertinent portions of the deposition
testimony [see Fed. R. Civ. P. 26(a)(3)(B)].
[With each witness’s name, set forth: (1) the city and state in which he or she
resides; (2) a short statement as to the nature and purpose of the witness’s
testimony; and (3) whether the witness is expected to testify in person or by
deposition.
[If the parties intend to offer deposition testimony in lieu of a live witness at trial, counsel
shall exchange with each other their designation of anticipated deposition and video
deposition testimony. Pursuant to Federal Rule of Civil Procedure 26(a)(3)(B), these
disclosures must be made at least thirty days before trial. Following the original exchange,
counsel shall notify opposing counsel of any counter-designated deposition testimony,
exchange objections to all designated testimony, and make a good-faith attempt to resolve
such objections. Objections to deposition designations must be filed with the court before
the Final Trial Preparation Conference. See Pretrial and Trial Procedures Memorandum
(Civil) at § V.E. An objection not so made—except for one under Federal Rule of Evidence
402 or 403—is waived unless excused by the court for good cause. See Fed. R. Civ. P.
26(a)(3)(B).]
7. EXHIBITS
a. [List or attach a list of the exhibits to be offered with the number given to it in the
unified numbering system, identifying the party offering the exhibit and those
regarding which admission is stipulated. Include in this list any summary or similar
exhibits offered pursuant to Federal Rule of Evidence 1006. This list should be
specific enough so that other parties and the court can understand, merely by
referring to the list, each separate exhibit that will be offered. General references
such as “all deposition exhibits” or “all documents produced during discovery”
are unacceptable. Objections should be stated with specificity.]
b. [Include the following paragraph in the Pretrial Order:]
The objections contemplated by Federal Rule of Civil Procedure
26(a)(3)(B) shall be made, and the final unified exhibit list will be
filed and emailed in an editable Word version to
[email protected] no later than seven (7) days
before the Final Trial Preparation Conference unless otherwise
ordered. At that time, one court copy of the parties’ proposed
exhibits will be delivered to chambers and a copy will be provided
to opposing counsel. [See Pretrial and Trial Procedures
Memorandum (Civil), at § V.C. An objection not so made—except
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for one under Federal Rule of Evidence 402 or 403—is waived
unless excused by the court for good cause. See Fed. R. Civ. P.
26(a)(3)(B).]
8. DISCOVERY
[Include the following language. Unless otherwise ordered, upon a showing of good
cause in an appropriate motion, there will be no discovery after entry of the Pretrial Order.]
Discovery has been completed.
9. SPECIAL ISSUES
[List any special or additional issues of law which the parties intend to raise before trial.
Also list any objections to testimony of expert witnesses based on the requirements of Daubert v.
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Kumho Tire Co. v. Carmichael,
526 U.S. 137 (1999) and their progeny and whether testimony will be required to rule on the
objection. If none, please state “None.” Any Daubert/Kumho Tire objection will be deemed waived
unless identified in this section and filed by the deadline.]
10. SETTLEMENT
[Include a certification by the undersigned counsel for the parties and any pro se party
that:]
a. Counsel for the parties (and any pro se party) met (in person)(by telephone) on
______________, 20__, to discuss in good faith the settlement of the case. [You
must have at least one discussion.]
b. The participants in the settlement conference, included counsel, party
representatives, and any pro se party.
c. Counsel for the parties and any pro se party [(do)(do not)] intend to hold future
settlement conferences.
d. It appears from the discussion that there is [select and insert one of the following:
a good possibility of settlement, some possibility of settlement, little possibility of
settlement, or no possibility of settlement. Describe what the court can do, if
anything, to facilitate settlement.]
11. EFFECT OF PRETRIAL ORDER
[The following paragraph shall be included in the Pretrial Order:]
Hereafter, this Pretrial Order will control the subsequent course of this action and the trial,
and may not be amended except by consent of the parties and approval by the court or by order of
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the court to prevent manifest injustice. This Pretrial Order supersedes the Scheduling and
Discovery Order in the event of conflict. In the event of ambiguity in any provision of this Pretrial
Order, reference may be made to the record of the Pretrial Conference to the extent reported by
stenographic notes and to the pleadings.
12. TRIAL AND ESTIMATED TRIAL TIME/FURTHER TRIAL
PREPARATION PROCEEDINGS
a. [State: (1) whether trial is to the court or a jury, or mixed bench and jury; (2) the
estimated trial time; (3) the situs of the trial; and (4) any other orders pertinent
thereto (e.g., view of premises or relevant locale, special equipment to be used,
security needs).]
b. Trial Date: _______________________. [Leave this blank if the court has not yet
set the date. The target trial date is usually 90-120 days from the date of the Pretrial
Conference.]
c. Final Trial Preparation Conference Date: __________________. [Leave this blank
if the court has not yet set the date. In advance of this conference, the parties shall
comply with my instructions concerning the Final Trial Preparation Conference.
See Pretrial and Trial Procedures Memorandum (Civil) § VI.E.]
d. Deadline for filing motions objecting to any testimony of an expert witness based
on the requirements of Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U.S. 579 (1993), Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and
their progeny: [Leave this blank if the court has not yet set the date. The deadline
is generally 30 days after the date of the Pretrial Conference.]
Any such objections not identified in Section 9 of this Order and filed by motion
by this date are deemed waived. [Unless otherwise ordered, a written response to
such a motion must be filed no later than 21 days after the motion is filed. A
reply, if any, must be filed no later than fourteen 14 days after the response. If
an evidentiary hearing is required or desired say so and set forth the time needed
for hearing.]
e. Deadline for filing other motions in limine: [Leave this blank if the court has not
yet set the date. The deadline is generally 60 days after the date of the Pretrial
Conference.]
[Unless otherwise ordered, a written response to such a motion or objection must
be filed no later than 21 days after the motion is filed, and the reply, if any, must be
filed no later than 14 days after the response.]
f. Deadline for filing unified set of jury instructions based on the requirements set
forth in my Pretrial and Trial Procedures Memorandum (Civil), § VI.C: [Leave
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this blank if the court has not yet set the date. The deadline is generally 90 days
after the date of the Pretrial Conference.]
g. Deadline for filing witness lists, the unified exhibit list, objections to exhibits and
to designated deposition testimony and for delivering a copy of the exhibits to the
court and opposing counsel: [Leave this blank if the court has not yet set the date.
The deadline is generally seven days before the Final Trial Preparation
Conference.]
DATED this ____ day of _________________, 20__.
_________________________
JOHN L. KANE
SENIOR U.S. DISTRICT JUDGE
[Please affix counsel’s signatures in the form below before submission of the Pretrial Order to
the court.]
PRETRIAL ORDER APPROVED:
________________________ ________________________
[Name] [Name]
[Address] [Address]
[Telephone Number] [Telephone Number]
[Attorney for Plaintiff or Plaintiff, Pro Se] [Attorney for Defendant or Defendant,
Pro Se]
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