THIS FORM IS TO BE RETYPED IN FULL (INCLUDING ALL INSTRUCTIONS) AND
ALL MATERIAL INSERTED IN PROPER SEQUENCE AND NOT BY MEANS OF
ATTACHED RIDERS EXCEPT AS PROVIDED BELOW. PLEASE NUMBER ALL PAGES.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
_______________, Civil Action No.
Plaintiff(s), 26-____ (DJ) (MJ)
v. FINAL PRETRIAL ORDER
______________,
Defendant(s).
A final pretrial conference having been held before the Honorable __________________,
U.S.M.J., pursuant to Fed. R. Civ. P. 16, in advance of a [jury/bench] trial to be held before the
Honorable _____________, U.S.D.J. on _________________; and ____________ having
appeared for plaintiff(s), and _________________________ having appeared for defendant(s), the
following Final Pretrial Order is hereby entered:
SUMMARY OF THE CASE
A. Jurisdiction and Nature of the Action (Counsel shall set forth the jurisdictional basis
of this action, as well as a brief description of the nature and background of the action).
B. Claims and Counterclaims (Counsel shall list specifically, by count, the claims and
counterclaims to be tried in this case, referring specifically to the operative pleadings).
Operative Complaint, ECF No. _____
Operative Answer(s), ECF No(s). _____
Count Claim/Counterclaim/Crossclaim Affirmative Defense (if applicable)
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SUMMARY OF LEGAL ISSUES
All issues shall be set forth below. The parties need not agree on an issue for it to be
listed below. Any issue not listed shall be deemed waived.
MISCELLANEOUS
A. The parties’ stipulations for trial procedures (e.g., exchange of demonstratives) are
as follows:
B. Judicial Notice (A party requesting the Court take judicial notice of certain facts
shall provide a short explanation (with legal citation) for the request. The party
opposing the request shall provide a short explanation (with legal authority) for the
objection).
C. The parties shall identify any prior judicial decisions that impact trial (e.g.,
summary judgment).
D. Choice of Law issues (explain below).
E. Notice Required by Law (e.g., Fed. R. Evid. 807).
PENDING/CONTEMPLATED MOTIONS (Set forth all pending or contemplated motions,
whether dispositive, in limine, or addressed to discovery or the calendar).
STIPULATION OF FACTS (Set forth in numbered paragraphs all facts to
which the parties agree).
CONTESTED FACTS (Proofs shall be limited at trial to the contested facts set
forth. Failure to set forth any contested facts shall be deemed a waiver).
A. Plaintiff:
1. Liability
2. Damages
B. Defendant:
1. Liability
2. Damages
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WITNESSES (Aside from those called for impeachment purposes, only the
witnesses set forth below may testify at trial. Provide a brief summary of the areas
of their anticipated testimony. Expert and lay opinion witnesses shall be
separately listed in the next section).
A. Plaintiff:
1. Witnesses on Liability and Brief Summary of Testimony
2. Witnesses on Damages and Brief Summary of Testimony
B. Objections To Plaintiff’s Witnesses. (If none, so state).
C. Defendant:
1. Witnesses on Liability and Brief Summary of Testimony
2. Witnesses on Damages and Brief Summary of Testimony
D. Objections To Defendant’s Witnesses. (If none, so state).
EXPERT AND SPECIALIZED LAY OPINION WITNESSES (No
specialized lay opinion witness offering scientific, technical, or other specialized
knowledge will be permitted to testify at trial unless listed below. A summary of
an expert witness’s qualifications and a copy of his/her report must be provided to
the Court. No opposing counsel shall be permitted to question the expert’s
qualifications unless the basis of an objection is set forth herein).
A. Plaintiff’s expert witnesses and/or specialized lay opinion witnesses
are:
B. Defendant’s objections to the qualifications of plaintiff’s experts
and/or specialized lay opinion witnesses are (the objections shall be
stated with respect to each expert or lay witness; if none, so state):
C. Defendant’s expert witnesses and/or specialized lay opinion
witnesses are:
D. Plaintiff’s objections to the qualifications of defendant’s experts
and/or specialized lay opinion witnesses are (the objections shall be
stated with respect to each expert or lay witness; if none, so state):
DEPOSITIONS (List, by page and line, all deposition testimony to be offered
into evidence and any counter-designations to such testimony. All irrelevant and
redundant matters and all colloquy between counsel must be eliminated.
Deposition testimony to be used solely for impeachment purposes need not be
listed.)
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A. Plaintiff:
B. Defendant:
EXHIBITS AND OBJECTIONS
In this section of the Final Pretrial Order, counsel shall list and number each proposed
exhibit. Counsel shall meet and confer on any joint exhibits and upon receipt of the exhibit list
of an adversary, opposing counsel should identify any objection and the nature of the objection.
The exhibits shall be identified specifically (e.g., by Bates Numbers) in order to enable opposing
counsel to know exactly what pages comprise the exhibit. Absent an extraordinary showing of
good cause, ONLY THE EXHIBITS LISTED BELOW SHALL BE INTRODUCED AT THE
TIME OF TRIAL. Any objection to an exhibit, and the reason for said objection, must be set
forth below or it shall be deemed waived. All parties hereby agree that it will not be necessary to
bring in the custodian of any exhibit, unless opposing counsel makes such requirement clear below.
You are not required to list exhibits that will be used solely for impeachment purposes.
Counsel are reminded that each such exhibit shall be physically pre-marked corresponding
to the designation below. Copies of exhibit lists shall be provided to the District Judge and the
assigned court reporter prior to the time of trial.
A. Joint Exhibits (Use the following format. Exhibit Lists May Be Attached As An
Appendix To This Order.)
Ex. No. Description of Exhibit
B. Plaintiff’s Exhibits
Ex. No. Description of Exhibit Objection (Rule #) and Basis
C. Defendant’s Exhibits
Ex. No. Description of Exhibit Objection (Rule #) and Basis
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NON-JURY TRIALS
Except as otherwise directed by the Court, the following submissions shall
be made:
A. No later than fourteen (14) days before trial, each party shall file
with the Court a trial brief conforming to the form and page limitations set forth in
Local Civil Rule 7.2, which shall address disputed legal and evidentiary issues.
Failure to submit a brief or to address an issue may in the Court’s discretion be
deemed a waiver of the right to assert the omitted issue.
B. Within the time directed by the Court [before/after] trial, each party
shall submit to the trial judge and to opposing counsel proposed Findings of Fact
and Conclusions of Law, which shall contain citations to the trial transcript and
exhibits.
JURY TRIALS
Except as otherwise directed by the Court, the following submissions shall
be made:
Not later than __________________________________
A. Each party shall file with the Court a trial brief conforming to the
form and page limitations set forth in Local Civil Rule 7.2, which shall address
disputed legal and evidentiary issues (except those otherwise addressed in motions
in limine). Failure to submit a brief or to address an issue may in the Court’s
discretion be deemed a waiver of the right to assert the omitted issue.
B. Each party shall submit to the trial judge and opposing counsel
agreed-upon jury instructions, voir dire questions, verdict sheet and a neutral
statement of the case to be read to the jury panel.
C. Each party shall submit to the trial judge and opposing counsel written
requests for charges to the jury. Supplemental proposed charges may be submitted
prior to argument to the jury. All requests for charge shall be on a separate page
or pages, plainly marked with the name and number of the case; shall contain
citations of supporting authorities; shall designate the party submitting same; and
shall be numbered in sequence.
BIFURCATION (If any party intends to request phasing, bifurcation, or other
such procedure concerning the trial, that party shall include any such request here
and explain the basis for the request).
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ESTIMATED LENGTH OF TRIAL
_______________ days for liability and _________________ days for
damages.
TRIAL DATE _____________________________
TRIAL COUNSEL (List the names of trial counsel for all parties.)
NOTE THAT THE TRIAL JUDGE MAY, BY SEPARATE ORDER, MODIFY
OR SET DEADLINES FOR PRETRIAL SUBMISSIONS, INCLUDING
MOTIONS IN LIMINE, TRIAL BRIEFS AND PROPOSED JURY CHARGES.
FURTHER, THE TRIAL JUDGE MAY CONDUCT AN ADDITIONAL
PRETRIAL CONFERENCE.
AMENDMENTS TO THIS PRETRIAL ORDER SHALL NOT BE
PERMITTED UNLESS THE COURT DETERMINES THAT MANIFEST
INJUSTICE WOULD RESULT IF THE AMENDMENT IS DISALLOWED.
______________________________
(Attorney for Plaintiff)
______________________________
(Attorney for Defendant)
______________________________
, U.S.M.J.
Dated:
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