UNIFORM PRETRIAL NOTICE
FOR DISTRICT JUDGE SHELLY D. DICK
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 to the Court fourteen (14)
days prior to the final pretrial conference. 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.
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 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
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ii. Objections, if any, to the ADMISSIBILITY of exhibits.
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.
(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) 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. Motions in limine
regarding any deposition objections shall be filed twenty-one (21) days
prior to trial. Only those portions of the deposition which are necessary to
a party’s case shall be read or played to the jury. Where a video
deposition is used, the parties shall file into evidence a written transcript of
the deposition. Video-tape depositions to be used during trial must be
edited to a MAXIMUM OF THIRTY (30) MINUTES. Depositions to be
introduced or read at trial must be excerpted to a MAXIMUM OF THIRTY
(30) PAGES. A reader must be provided by the party who intends to have
a transcript read during trial.
9. State any proposed AMENDMENTS to the pleadings and what objections, if any,
there may be to any proposed amendments.
10. 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.
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11. State whether this matter is a jury or a non-jury trial.
12. Estimate the length of time each side requires for the presentation of their
evidence.
13. Except for good cause shown, only 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.
II. ADDITIONAL INSTRUCTIONS
1. JOINT JURY INSTRUCTIONS/INTERROGATORIES. The parties in a jury
case shall file with the Clerk of Court joint jury instructions twenty-one (21) days prior to
trial. The term "joint jury instructions" shall be construed to include a joint verdict or
interrogatory form. NO SEPARATE FILINGS are allowed as to the joint jury instructions
and interrogatories - all submissions must be joint with disagreements footnoted with
case authority and pinpoint cite. All pattern instructions taken from the latest Edition of
the 5th Circuit Pattern Instructions may be referenced by number and edition used.
2. Please be advised that courtroom 3 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
Dick's Courtroom Deputy, Suzie Edwards at (225) 389-3634, so that training in the use
of this equipment can be scheduled and completed prior to trial.
3. The parties are required to have a party or party representative at trial with full
authority to compromise. the case.
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
PLAINTIFF, ET AL.
CIVIL ACTION
VERSUS
NO. 13-000-SDD
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 Shelly D. Dick, 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
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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.
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.
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(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
(a) Plaintiff’s Exhibits:
EXHIBIT NO. DESCRIPTION Grounds for Grounds for
Objection to Objection to
Authenticity Admissibility
Exhibit 1 Photograph of Defendant at Stipulated Objection to relevance
scene following accident
Exhibit 2 Photograph of accident scene Objection to Objection to relevance
authenticity: no
evidence of date, time
and identity of
photographer
Exhibit 3 Automobile Insurance Policy Stipulated Stipulated
Exhibit 4 Medical Records of Plaintiff Stipulated Stipulated
from Baton Rouge General
Exhibit 5 Medical Records of Plaintiff Stipulated Stipulated
from Acadian Ambulance
(b) Defendant’s Exhibits:
EXHIBIT NO. DESCRIPTION Grounds for Grounds for
Objection to Objection to
Authenticity Admissibility
Exhibit 1 Photograph of damage to Stipulated Stipulated
Defendant’s vehicle
Exhibit 2 Photograph of accident scene Objection to Objection to relevance
authenticity: does not
accurately depict the
scene of accident
Exhibit 3 Medical Records of Stipulated Stipulated
Defendant from Acadian
Ambulance
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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
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
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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
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.
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(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.
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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