PRETRIAL ORDER REQUIREMENTS
United States District Judge David C. Joseph
1. Jurisdictional Basis.
The jurisdictional basis for all claims shall be explained.
2. Claims and Responses.
Any party asserting a claim shall identify the following, as to each claim: (1) the law and any
contractual provision supporting the claim; (b) the remedy prayed for as to each defendant; and (c)
the law supporting that remedy as to that defendant. This requirement applies to all counterclaims,
cross-claims, third-party claims, and interventions, and the parties shall state whether they have
stipulated to any intervention.
Each party against whom a claim has been asserted shall provide the following information: (a)
the basis or lack thereof for each claim; (b) all affirmative defenses asserted and the legal bases
therefor; (c) whether the dispute in question is one of law, fact, or contractual interpretation; and
(d) the law supporting the responses.
If a bench trial is scheduled, the information regarding claims and responses contained in this
section shall be supplemented by page-specific citations to supporting jurisprudence as to each
claim, remedy, defense, and allegation.
FAILURE TO INCLUDE A CLAIM OR DEFENSE IN THIS ORDER WILL CONSTITUTE
ABANDONMENT OF THE CLAIM OR DEFENSE.
3. Issues of Fact and Issues of Law.
Identify any TRUE issues of fact or law that remain unresolved as of the pretrial conference.
4. Stipulations.
List any matters to which the parties have stipulated. Counsel are encouraged to stipulate to as
many factual and legal issues as possible in the interest of reducing costs and delays at trial. If the
matter will be tried to a jury, counsel shall state whether the stipulations are to be read to the jury.
5. Will Call Witnesses.
Each party shall set out a will call witness list that conforms to the requirements of Fed. R. Civ. P.
26(a)(3)(A) and include a brief summary (no more than two or three sentences) of the subject matter
to which each witness will testify. Witnesses who are called exclusively for impeachment need not
be listed. Counsel are to omit or redact any personal identifies, in conformity with Fed. R. Civ. P.
5.2 and LR 5.7.12.
6. May Call Witnesses.
Each party shall set out a may call witness list that conforms to the requirements of Fed. R. Civ. P.
26(a)(3)(A) and include a brief summary of the subject matter to which each witness will testify.
Counsel are to omit or redact any personal identifies, in conformity with Fed. R. Civ. P. 5.2 and
LR 5.7.12.
7. Exhibits.
Each party shall set out an exhibit list identifying the exhibits the party will use at trial, and
conforming to the requirements of Fed. R. Civ. P. 26(a)(3)(A)(iii). Counsel are to omit or redact
any personal identifies, in conformity with Fed. R. Civ. P. 5.2 and LR 5.7.12.
8. Objections to Witness and Exhibit Lists.
Each party shall list any objections to the witness or exhibits lists of another party, including those
objections contained in Fed. R. Civ. P. 26(a)(3)(B). ANY OBJECTIONS NOT SPECIFICALLY
STATED IN THE PRETRIAL ORDER ARE DEEMED WAIVED UNLESS EXCUSED BY THE
COURT FOR GOOD CAUSE SHOWN. If an exhibit has been objected to, a copy of the disputed
exhibit must be made available for review at the pretrial conference.
9. Counsel Affirmations.
Counsel for each party shall affirm:
a. That he or she is aware that exhibits are to be published to the jury by use of the Visual
Presenter or a portable data storage device (e.g., flash drive, CD-ROM, etc.) unless consent
of this Court is obtained upon a showing of impracticality or prejudice.
b. That he or she is familiar with the operation of the electronic equipment available in the
courtroom or note the date he or she has scheduled with the Electronic Coordinator for the
Western District of Louisiana for training.
c. The need, if any, for handicap provisions that are provided by the Court.
