IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
Revised May 19, 2021
______________________________ ,
Plaintiff(s),
vs. No. CIV
______________________________ ,
Defendant(s).
PRETRIAL ORDER
This matter is before the Court pursuant to Fed. R. Civ. P. 16. The parties conferred and submit
the following Pretrial Order.
I. APPEARANCES
Attorneys who will try the action:
For Plaintiff(s) __________________________________________
__________________________________________
__________________________________________
For Defendant(s) __________________________________________
__________________________________________
__________________________________________
For other parties __________________________________________
__________________________________________
II. JURISDICTION AND RELIEF SOUGHT
A. Subject Matter Jurisdiction.
1. Was this action removed or transferred from another forum? ____Yes ____ No.
If yes, was the action removed or transferred?
_____ Removed _____ Transferred _____ Original forum
2. Is subject matter jurisdiction of this Court contested?
_____ Uncontested _____ Contested _________________ Party contesting
3. Asserted basis for jurisdiction.
_____ Federal Question _____ Diversity _____ Other
Statutory Provision(s) Invoked: __________________________________
B. Personal Jurisdiction and Venue.
1. Is personal jurisdiction contested?
_____ Uncontested _____ Contested
Identify the party contesting personal jurisdiction and basis for objection:
__________________________________________________________________
2. Is venue contested?
_____ Uncontested _____ Contested _________________ Party contesting
C. Are the proper parties before the Court?
_____ Uncontested _____ Contested
If contested, identify each missing party or improper party and the basis for the contention:
________________________________________________________________________
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D. Identify the affirmative relief sought in this action.
1. Plaintiff seeks:
2. Defendant seeks:
3. Other party seeks:
III. BRIEF DESCRIPTION OF NATURE OF CLAIMS/DEFENSES.
A. Plaintiff's claims:
B. Defendant's defenses: (A defendant claiming entitlement to qualified immunity must set
forth with specificity the basis of the defense.)
C. Claims or defenses of other party(s):
(Where counterclaims or cross-claims exist, also give brief description.)
IV. FACTUAL CONTENTIONS UNDERLYING CLAIMS/DEFENSES
A. Stipulated Factual Contentions.
The parties agree to the following facts listed separately below:
B. Contested Material Facts.
1. Plaintiff's Contentions:
2. Defendant's Contentions:
3. Contentions of Other Party(s):
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V. APPLICABLE LAW
A. Do the parties agree which law controls the action?
_____ Yes _____ No
If yes, identify the applicable law. ________________________________________
If no, identify the dispute and set forth each party's position regarding the applicable law.
1. Plaintiff
2. Defendant
3. Other party
VI. CONTESTED ISSUES OF LAW
Identify the specific issues of law which are contested.
1. Plaintiff
2. Defendant
3. Other Party
VII. MOTIONS
A. Pending Motions (indicate the date filed):
1. Plaintiff
2. Defendant
3. Other party
B. Motions (other than motions in limine) which may be filed:
1. Plaintiff
2. Defendant
3. Other party
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The briefing must be complete and a Notice of Completion of Briefing must be filed with
the Court by ______________.
C. Motions in limine which may be filed.
1. Plaintiff
2. Defendant
3. Other party
4. Motions in limine should be filed with the Court not later than 14 calendar days
before trial; responses should be filed not later than 7 calendar days after such a motion is filed.
Replies are optional, a Notice of Completion of Briefing is not required, and the Court may rule
upon a motion in limine based upon the motion and response.
VIII. DISCOVERY
A. Has discovery been completed? _____ Yes _____ No
If no, discovery terminates on _______________________________.
B. Are there any discovery matters of which the Court should be aware?
IX. ANTICIPATED WITNESSES
Each party is under a continuing duty to supplement this list and the description of
anticipated testimony. This does not, however, apply to a rebuttal witness. Indicate if the
witness will testify in person or by deposition and include a brief description of the anticipated
testimony. If the testimony is by deposition, identify the deposition by page number and line
number. A witness who has not been identified and whose testimony has not been disclosed may
not testify at trial unless good cause is shown. Counsel should make every effort to avoid
duplicative witness testimony.
A. Plaintiff's Witnesses:
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1. Plaintiff will call or have available at trial the following witnesses:
2. Plaintiff may call the following witnesses:
B. Defendant's Witnesses:
1. Defendant will call or have available at trial the following witnesses:
2. Defendant may call the following witnesses:
X. TRIAL PREPARATION
A. Exhibits.
The parties must confer over all trial exhibits. This does not apply to rebuttal exhibits
that cannot be anticipated before trial. The parties must file a “consolidated exhibit list
identifying all exhibits that the parties have stipulated are admissible” and a “consolidated
exhibit list identifying all exhibits the parties have stipulated to be authentic, but to which there
are other objections,” including the basis of the objections, no later than ______ calendar days
before trial.
For those exhibits on which a stipulation could not be reached, the offering party must
file a separate “contested exhibit list” no later than ______ calendar days before trial.
All exhibits must be marked before trial. Exhibits must be marked numerically, e.g.,
Plaintiff takes numbers 1-50 and Defendant takes numbers 51-100, and should not identify the
party offering the exhibit. The identification number will remain the same whether the exhibit
is admitted or not.
B. Witness Lists.
A party’s witness list must be filed and served on all parties by ___________________.
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Indicate whether the witness is testifying by deposition or in person. Objections to use of
deposition testimony, including the specific basis of the objection(s), are due within fourteen
(14) calendar days of service of the witness list. The objecting party must highlight those
portions of the requested deposition testimony to which the party objects. Plaintiff must use a
yellow highlighter and Defendant must use a blue highlighter. The parties must confer about
any disputes and, if unable to resolve any differences, must notify the Court in writing at least
______ calendar days before trial.
C. Voir Dire.
1. If allowed, do the parties wish to participate in voir dire?
Plaintiff _____ Yes _____ No
Defendant _____ Yes _____ No
Other Party _____ Yes _____ No
2. Each party must file and serve on all parties a pleading entitled “Proposed Voir Dire
Questions.” The pleading must identify the specific areas about which the party wishes
to inquire and must set forth proposed voir dire questions. This request must be filed at
least _____ calendar days prior to jury selection.
3. Ordinarily the court will conduct voir dire and will ask the approved voir dire
questions submitted by the parties. Counsel will then be permitted a brief period of time
to ask follow-up questions.
D. Jury Instructions and Verdict.
1. In General. The parties must confer about proposed jury instructions and make a
good faith effort to agree.
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2. Submission of Proposed Instructions. The parties must submit one
mutually approved set of jury instructions with citations, including pin cites, not
later than _________________ (normally, the date of the Pretrial Conference).
For those few instructions the parties were unable to agree upon, each party must
submit its own proposed instructions with citations, including pin cites, at the
same time as submission of the mutually agreed instructions.
3. Form of Instructions.
a. Submit sets of double-spaced instructions as follows: A set with citations
and numbered sequentially, which will be filed. Include a proposed verdict form.
b. Submit no more than one instruction to a page. Pattern instructions should
be identified.
c. All deviations from pattern instructions must be identified as “modified” in
the citation and the modification must be highlighted in the body of the
instruction. Be sure to include pertinent, i.e. Supreme Court, Tenth Circuit or
New Mexico, authority. Use pin cites.
d. Submit a cover sheet on all sets of instructions.
4. Deadlines for Submitting Instructions.
a. Instructions shall be filed not later than _________________ (normally, the
date of the Pretrial Conference).
b. Supplemental unanticipated jury instructions may be submitted at trial.
Please include a cover sheet.
E. Statement of Case.
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The parties must confer and submit an agreed statement of the case to the Court that will
be read to the jury panel during jury selection. The statement must be filed with the Court
_____ days before jury selection.
F. Submissions for Bench Trials.
1. The parties must submit one mutually approved set of proposed findings of fact and
conclusions of law not later than ____ calendar days before trial. For those findings of
fact and conclusions of law the parties were unable to agree upon, each party must submit
its own proposed findings of fact and conclusions of law at the same time as submission
of the mutually approved set. Parties should submit ultimate findings of fact, as opposed
to evidentiary findings.
G. Trial Briefs.
1. The parties may submit optional trial briefs not to exceed fifteen pages, not later than
____ calendar days before trial.
XI. OTHER MATTERS
A. Settlement Possibilities.
1. The possibility of settlement in this case is considered:
_____ Poor _____ Fair _____ Good _____ Excellent _____ Unknown
2. Do the parties have a settlement conference set with the assigned Magistrate Judge?
_____ Yes _____ No If yes, when? ______________________________
If a settlement conference has already been held, indicate approximate date.
_______________________
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Would a follow-up settlement conference be beneficial? _____ Yes _____ No
3. Does either party wish to explore any alternatives for dispute resolution such as
mediation or a summary jury trial? If yes, please identify. _________________________ If
no, explain why not._______________________________________________________
B. Length of Trial and Pretrial Conference and Trial Settings.
1. This action is a _____ Bench trial _____ Jury Trial _____ Both
2. The case is set for a pretrial conference on _________________________.
3. The case is set for trial on _________________________. If there is no setting, the
parties estimate they will be ready for trial by __________________.
4. The parties shall make every effort to avoid cumulative exhibits, witnesses and
questioning. The estimated length of trial is ________ day(s).
XII. EXCEPTIONS
XIII. MODIFICATIONS-INTERPRETATION
The Pretrial Order when entered will control the course of trial and may only be
amended sua sponte by the Court or by consent of the parties and Court approval. The
pleadings will be deemed merged herein.
The foregoing proposed Pretrial Order (prior to execution by the Court) is hereby
approved this ______ day of _____________________, 20 _____.
_______________________________________
Attorney for Plaintiff
Address: _______________________________
_______________________________________
Attorney for Defendant
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Address: _______________________________
_______________________________________
Attorney for other parties (if any)
Address: _______________________________
Dated: _____________________________
____________________________________
UNITED STATES CIRCUIT JUDGE
Sitting by Designation
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