(a) Final Pretrial Conference
A final pretrial conference will be held as close to the time of trial as reasonable
under the circumstances. A final pretrial conference may be conducted by the
trial judge or any other judicial officer. The conference may be conducted in
person, by telephone, or via videoconference.
(b) Preparation for Final Pretrial Conference
(1) Not later than 5 business days before the final pretrial conference, each
party must file with the Court and serve on every other party a pretrial
memorandum, which may not exceed 5 pages, containing the following
information:
(A) a brief factual statement of the party’s claims or defenses,
including an itemized statement of any damages claimed;
(B) a brief statement of the party’s contentions regarding any
controverted points of law, including evidentiary questions, with
supporting authority;
(C) proposed stipulations about substantive or evidentiary matters
not in dispute;
(D) the names and addresses of all witnesses the party intends to call
other than those to be used for impeachment and rebuttal. Absent
stipulation, disclosing a witness will not constitute a
representation that the witness will be produced or called;
(E) any proposed use of case-specific juror questionnaires; and
(F) a list of the documents and things the party intends to offer as
exhibits.
(2) Each party must be prepared at the pretrial conference to discuss any
issues concerning subsection (b)(1)(A) through (F) above, to make a
representation about settlement, and to discuss all aspects of the trial,
including trial presentation.
District of Maine Local Rules
(c) Conduct of Final Pretrial Conference
(1) Counsel who will conduct the trial for each represented party must
attend the conference, unless excused for good cause by the Court. Each
attorney attending the conference must be familiar with this rule and
with the case and must be prepared to represent to the Court that
counsel has discussed settlement with the client.
(2) At the conference, the Court and parties will discuss any pending
motions and issues as well as any matters relevant to the trial. The
Court will determine whether any pending motions or activities require
that additional deadlines be stayed. The Court will ordinarily set a trial
date and the deadlines for all pretrial filings.
(3) The Court may direct that a separate settlement conference be held with
party representatives present in person.
(d) Final Pretrial Order
(1) Either at or following the final pretrial conference, the Court will issue
a final pretrial order, containing the significant points from the
conference and setting pretrial deadlines. The order will control the
future course of the action. Unless otherwise ordered, any objections to
the final pretrial order must be made within 14 days after receipt by the
parties.
(2) Any discussion at the conference relating to settlement will not be a part
of the final pretrial order.
(3) Trial briefs, voir dire, jury instructions, and other pretrial and trial
filings must be filed electronically under Appendix B, the
Administrative Procedures Governing the Filing and Service by
Electronic Means.
District of Maine Local Rules
