UNIFORM PRETRIAL NOTICE
FOR MAGISTRATE JUDGE ERIN WILDER-DOOMES
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 filed with Court. 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 CLAIMS OF EACH PLAINTIFF.
4. A brief statement of the CLAIMS OF EACH DEFENDANT.
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; however
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.
1
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. A party shall not release a will call witness without the express
written or on-the-record consent of the other party. 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 on the party listing a “may call” witness to have that witness 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 the Court and all other
parties those portions of the deposition which are to be read or shown to the jury
not later than 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. Videotape 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.
(e) Objections contained within written or videotaped depositions shall be edited out
of the tape or transcript. Any deposition objections which require a ruling by the
Court shall be submitted to the Court fourteen (14) days prior to 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 an arbitration,
mediation, or court facilitated settlement conference, and an estimate of the probable length
of the trial.
11. State whether this matter is a jury or a non-jury trial.
2
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 are to be filed by the deadline contained in the
operative scheduling order. 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 citations. 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 5 is a fully equipped electronic courtroom. Any exhibits
used at trial shall be presented by a laptop connection or by conventionally presenting exhibits
using the electronic document camera. Counsel shall contact Judge Wilder-Doomes’ Courtroom
Deputy, Brandy Lemelle Route at (225) 389-3584, so that training in the use of this equipment can
be scheduled and completed prior to trial.
3
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
PLAINTIFF, ET AL. CIVIL ACTION
VERSUS NO. 13-000-RLB
DEFENDANT, ET AL. CONSENT CASE
UNIFORM PRETRIAL ORDER
Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Pretrial Conference
was conducted in this proceeding by Richard L. Bourgeois, Jr., United States Magistrate
Judge, on the day of , 201_.
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.
4
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.
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.
5
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
(a) Plaintiff’s Exhibits:
EXHIBIT DESCRIPTION Grounds for
NO. Objection to
Authenticity
Exhibit 1 Photograph of Defendant at Stipulated
scene following accident
Exhibit 2 Photograph of accident Objection to
scene authenticity: no
evidence of date, time
and identity of
photographer
Exhibit 3 Automobile Insurance Stipulated
Policy
Exhibit 4 Medical Records of Plaintiff Stipulated
from Baton Rouge General
Exhibit 5 Medical Records of Plaintiff Stipulated
from Acadian Ambulance
(b) Defendant’s Exhibits:
EXHIBIT DESCRIPTION Grounds for
NO. Objection to
Authenticity
Exhibit 1 Photograph of damage to Stipulated
Defendant’s vehicle
Exhibit 2 Photograph of accident Objection to
scene authenticity: does not
accurately depict the
scene of accident
6
8. WITNESSES
(a) Plaintiff’s WillCall 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
7
The Defendant will testify about how the accident occurred
under cross-examination.
(b) Plaintiff’s MayCall 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 WillCall 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.
8
(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. Plaintiffs presentation of evidence will require 1 day (or you may denote
hours). Defendants presentation will require 4 hours.
___________________________ ________________________________1
DATE ATTORNEY FOR PLAINTIFF
___________________________ ________________________________
DATE ATTORNEY FOR DEFENDANT
1
See Local Rule 11(a) regarding Signing of Pleadings, Motions and Other Papers and Local Rule 5(f) regarding
Certificate of Service.
9
