PRETRIAL ORDER REQUIREMENTS
United States District Judge Robert R. Summerhays
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 to 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 identifiers,
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 identifiers, 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 identifiers, 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.
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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. That good faith settlement negotiations have been engaged in within one week prior
to the pretrial conference.
d. The need, if any, for handicap provisions that are provided by the Court.
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