UNIFORM PRETRIAL NOTICE
FOR DISTRICT JUDGE JOHN W. deGRAVELLES
I. PRETRIAL ORDER REQUIREMENTS
Counsel for the Plaintiff(s), with the cooperation and assistance of all other counsel and
any unrepresented parties, shall prepare a written Pretrial Order in this case to be signed by all
counsel of record and then submitted by the date ordered. Full cooperation and assistance on
behalf of all parties is expected and required for proper presentation of the Pre-Trial Order.
Such preparation requires the parties to: (1) confer to reach an agreement on any possible
stipulation of fact; (2) eliminate any claims or issues that appear in the pleadings about which there
is no longer any controversy; and (3) exchange copies of documents that will be offered in evidence
at trial.
If, after reasonable effort, any party cannot obtain the cooperation of another party, the
party shall contact chambers (225-389-3568).
In the event that there is any disagreement with the content of the Pretrial Order or any
part thereof, the objecting counsel or party shall attach an Opposition to the Pretrial Order prior
to its submission to the Court. An example of a completed Pretrial Order, approved as to form
for use in this Court, is attached to this Notice.
The Pretrial Order shall contain the following information:
1. The specific statute(s) or other authority upon which federal subject matter
JURISDICTION is founded and any jurisdictional questions raised by any party.
2. A list of all pending MOTIONS, if any, and specific issues raised in those pending
motions.
3. A brief statement of the PLAINTIFF’S CLAIMS.
4. A brief statement of the DEFENDANT’S CLAIMS.
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5. A brief statement of the CLAIMS OF OTHER PARTIES, if any.
6. FACTS ESTABLISHED by pleadings or by stipulation of counsel.
7. (a) A list of all EXHIBITS (except documents for impeachment or rebuttal only) to be
offered in evidence by all parties
(b) As to each listed exhibit, a representation that:
i. There are, or are not, objections to the AUTHENTICITY of the exhibit
and the reasons therefore; and
ii. Objections, if any, to the ADMISSIBILITY of exhibits need not be
addressed in the Pretrial Order, but will instead be presented to the Court
by motions in limine and pretrial memoranda to be filed at a time to be set
by the Court at the pretrial conference.
iii. All exhibits shall be pre-marked for identification and Bates stamped prior
to trial. The parties shall be prepared to submit to the Court a copy of each
exhibit (the “Bench Book”) on a date to be set by the Court during the
Pretrial Conference.
(c) Prior to the filing of the pretrial order, the parties WILL EXCHANGE or MAKE
AVAILABLE FOR INSPECTION all exhibits which the parties will or may
introduce at trial.
(d) Impeachment Exhibits/Evidence: If a party reasonably anticipates using
documents or other evidence not listed on the Pretrial Order, solely for
impeachment purposes, the party must submit to the Court under seal for in camera
inspection, no later than thirty (30) days before trial, the documents or other
evidence along with an brief explanation of what evidence it is intended to impeach
and how it does so.
8. (a) List all WITNESSES for each party, including their names, addresses, and a brief
statement as to the nature of their expected testimony together with a representation
whether they WILL be called to testify or MAY be called to testify.
(b) WILL CALL witnesses shall be produced or subpoenaed by the party listing them
and made available during the trial in order that such witnesses may be available to
opposing counsel as witnesses even if not actually called upon to testify by the party
so listing them. This is intended to eliminate the necessity of opposing counsel
having to subpoena the same witnesses who are being voluntarily produced or
subpoenaed by the party listing them as "will call" witnesses.
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(c) MAY CALL witnesses shall be listed on the Pretrial Order, but there is no
obligation to have may-call witnesses subpoenaed and present for the trial.
(d) INTRODUCING WRITTEN OR VIDEOTAPE DEPOSITIONS
The parties shall designate which of the witnesses, if any, will testify by
WRITTEN OR VIDEOTAPE DEPOSITIONS. Where written or video
depositions are to be used, the parties shall designate for all other parties those
portions of the deposition which are to be read or shown to the jury not later than
twenty-eight (28) days prior to trial. The parties shall confer and redact all
depositions to eliminate irrelevant and redundant material prior to trial, including
all colloquies between or among counsel. Only those portions of a deposition
which are necessary to a party’s case shall be read or played to the jury. Motions
in limine regarding any deposition objections shall be filed twenty-one (21) days
prior to trial. The motion in limine must identify by page and line each question
objected to and include a plain and concise statement of each objection. Written
transcripts (as redacted) for all depositions (written and videotape) shall be
provided to the courtroom deputy at trial. A reader must be provided by the party
who intends to have a transcript read during trial.
9. State any ADDITIONAL MATTERS which may aid in the disposition of the case,
including, e.g., settlement possibilities, whether the parties wish to engage in a summary
jury trial, arbitration, mediation and/or trial before the United States Magistrate Judge, and
an estimate of the probable length of the trial.
10. State whether this matter is a jury or a non-jury trial.
11. Estimate the length of time each side requires for the presentation of their evidence.
12. State the history of settlement negotiations and whether the parties would like to engage in
a settlement conference before a magistrate judge.
13. Except for good cause shown, only claims, exhibits and witnesses listed in the Pretrial
Order, or permitted to be listed in an amendment to the Pretrial Order, shall be admitted
in evidence or allowed to testify. Exhibits as to which no party has objections may be
separately listed as a joint exhibit and may be introduced before opening statement so that
all parties may use in opening statement and trial.
II. ADDITIONAL INSTRUCTIONS
1. JURY INSTRUCTIONS/INTERROGATORIES. The parties in a jury case shall file with
the Clerk of Court joint jury instructions. This shall be construed to include a joint verdict
or interrogatory form. Parties shall make a good faith effort to agree upon the totality of
their submission. To the extent that an agreement cannot be reached as to certain items,
separate filings as to the disputed items are allowed. All proposed instructions should be
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footnoted with case authority and pinpoint citations. All pattern instructions taken from the
latest Edition of the 5th Circuit Pattern Instructions may be referenced by number and
edition used.
2. Proposed Voir Dire Questions, Verdict Forms. In a jury trial, each party shall submit
proposed voir dire questions. If a party desires to question proposed jurors, the party must
state the reasons therefore and estimate the time requested for the party’s examination.
3. Proposed Findings of Fact and Conclusions of Law. In non-jury trials only, the parties
shall submit proposed findings of fact and conclusions of law.
4. Courtroom Technology. Please be advised that courtroom 1 is a fully equipped electronic
courtroom. Exhibits shall be presented to the jury by a laptop connect or by conventionally
presenting exhibits using the electronic document camera. Counsel shall contact Judge
deGravelles’ Courtroom Deputy, Kristie Causey, at (225) 389-3574 so that training in the
use of this equipment can be scheduled and completed prior to trial.
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EXAMPLE—JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
PLAINTIFF, ET AL.
CIVIL ACTION
VERSUS
NO. 13-000-JWD
DEFENDANT, ET AL.
UNIFORM PRETRIAL ORDER
Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Pretrial Conference was
conducted in this proceeding by John W. deGravelles, United States District Judge, on the day
of , 2013.
PRESENT:
Appeared as Trial Counsel for Plaintiff(s):
Appeared as Trial Counsel for Defendant(s):
1. JURISDICTION
This Court has subject matter jurisdiction in this proceeding under the provisions of 28
USC §1332. The Plaintiff is a citizen of the State of Louisiana and the Defendant is a citizen of
the State of Illinois and the amount in controversy exceeds, exclusive of interest and costs, the
necessary jurisdictional amount.
2. MOTIONS
There are no pending motions. The Defendant will file a Motion in Limine to exclude
certain photographs from evidence at trial on the basis that they are unnecessarily gruesome and
unlikely to assist the jury in resolving any disputed issues of fact.
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EXAMPLE—JUDGE JOHN W. deGRAVELLES
3. PLAINTIFF’S CLAIMS
The Plaintiff claims that he was seriously injured in an automobile accident in Baton
Rouge, Louisiana, on October 19, 1996, and that the accident was caused by the negligence and
fault of the Defendant driver who ran into the rear of the Plaintiff’s automobile after he had stopped
for a red light. The Plaintiff also contends that his injuries in the accident required a long period
of hospitalization and made it impossible for him to return to his regular employment as a truck
driver for six months, all of which resulted in significant loss of income and out-of-pocket medical
and hospital expenses.
4. DEFENDANT’S CLAIMS
The Defendant denies that he was negligent or otherwise at fault for the occurrence of the
accident for which the Plaintiff has filed suit, and also claims that the Plaintiff had serious health
problems for many years prior to the accident and that these problems were not caused or
aggravated by any injuries he sustained in the accident.
5. CLAIMS OF OTHER PARTIES
None.
6. ESTABLISHED FACTS
(1) The Plaintiff and Defendant were involved in an automobile accident in Baton
Rouge, Louisiana, on October 19, 1996.
(2) The Plaintiff was hospitalized in the Baton Rouge General Hospital from October
19, 1996 to November 30, 1996.
(3) The Plaintiff incurred medical and hospital expenses of $63,480 from October 19,
1996 to March 30, 1997.
7. EXHIBITS
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EXAMPLE—JUDGE JOHN W. deGRAVELLES
(a) Plaintiff’s Exhibits:
EXHIBIT DESCRIPTION Grounds for Grounds for
NO. Objection to Objection to
Authenticity Admissibility
Exhibit 1 Photograph of Defendant at Stipulated Objection to
scene following accident relevance
Exhibit 2 Photograph of accident Objection to Objection to
scene authenticity: no relevance
evidence of date,
time and identity of
photographer
Exhibit 3 Automobile Insurance Stipulated Stipulated
Policy
(b) Defendant’s Exhibits:
EXHIBIT DESCRIPTION Grounds for Grounds for
NO. Objection to Objection to
Authenticity Admissibility
Exhibit 1 Photograph of damage to Stipulated Stipulated
Defendant’s vehicle
Exhibit 2 Photograph of accident Objection to Objection to
scene authenticity: does not relevance
accurately depict the
scene of accident
Exhibit 3 Medical Records of Stipulated Stipulated
Defendant from Acadian
Ambulance
8. WITNESSES
(a) Plaintiff’s Will-Call Witnesses:
(1) Paul Plaintiff
125 Mulberry Street
Baton Rouge, Louisiana
Plaintiff will testify about the accident and his injuries.
(2) Paulette Plaintiff
125 Mulberry Street
Baton Rouge, Louisiana
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EXAMPLE—JUDGE JOHN W. deGRAVELLES
Plaintiff’s wife will testify about her husband’s injuries.
(3) Walter Witness
128 Mulberry Street
Baton Rouge, Louisiana
This is an eyewitness who will testify about the accident.
(4) Dr. Tom Terry
350 Medical Plaza
Baton Rouge, Louisiana
The Plaintiff’s treating physician will testify about his injuries.
(5) Edwin Employer
ABC Manufacturing
150 Industrial Boulevard
Baton Rouge, Louisiana
The Plaintiff’s employer will testify about his lost wages.
(6) Danny Defendant
140 Elm Street
Baton Rouge, Louisiana
The Defendant will testify about how the accident occurred under
cross-examination.
(b) Plaintiff’s May-Call Witnesses:
(1) Virginia Smith
165 Sharp Road
Baton Rouge, Louisiana 70815
Plaintiff’s neighbor may testify about Plaintiff’s activities prior to
and after the accident.
(c) Defendant’s Witnesses:
(1) Danny Defendant
125 Mulberry Street
Baton Rouge, Louisiana
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EXAMPLE—JUDGE JOHN W. deGRAVELLES
Defendant will testify about the accident.
(2) Paul Plaintiff
125 Mulberry Street
Baton Rouge, Louisiana
Plaintiff will testify about the accident and his injuries under cross-
examination.
(3) William Witness
130 Mulberry Street
Baton Rouge, Louisiana
This is an eyewitness and will testify about the accident.
(4) Dr. John Smith
Ascension General Hospital
290 Worthy Road
Gonzales, Louisiana
The Plaintiff’s former treating physician will testify about his health
prior to and after the accident.
(5) Sgt. Tom Trooper
Baton Rouge Police Department
Baton Rouge, Louisiana
Sgt. Trooper will testify about his investigation of the accident.
9. AMENDMENTS
None.
10. ADDITIONAL MATTERS
1. This matter is designated as a jury trial.
2. The parties estimate the case can be tried in one day and have considered the
possibility of settlement.
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EXAMPLE—JUDGE JOHN W. deGRAVELLES
3. Plaintiff's presentation of evidence will require 1 day (or you may denote hours).
Defendant's presentation will require 4 hours.
___________________________ ________________________________
DATE ATTORNEY FOR PLAINTIFF
___________________________ ________________________________
DATE ATTORNEY FOR DEFENDANT
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