UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------- X
:
:
[CAPTION] : JOINT PRETRIAL ORDER
:
: CV-__-____ (BMC)
:
:
:
----------------------------------------------------------- X
The parties having conferred among themselves and with the Court pursuant to
Federal Rule of Civil Procedure 16, the following statements, directions and agreements
are adopted as the Pretrial Order herein.
Full Caption of the Action
Trial Counsel
Names, addresses (including firm names), e-mail addresses and telephone and fax
numbers of trial counsel.
Jurisdiction
Brief statement by plaintiff as to the basis of subject matter jurisdiction and a brief
statement by each other party as to the presence or absence of subject matter
jurisdiction. Such statements shall include citations to all statutes and cases relied
on and relevant facts as to citizenship and jurisdictional amount.
Claims and Defenses to be Tried
Brief summary of the claims and defenses to be tried, without recital of
evidentiary matter but including citations to the relevant portions of the complaint
as well as all statutes and cases relied on. Include a statement of any claims,
defenses or counterclaims that have been disposed of by motion,
stipulation/settlement or that otherwise will not be pursued at trial.
Jury/Non-Jury
Statement as to whether the case is to be tried with or without a jury, and the
estimated number of total trial days.
Trial Before Magistrate Judge
Statement as to whether or not all parties consent to trial by a Magistrate Judge,
without identifying which parties have or have not so consented.
Stipulations
Any stipulations or agreed statements of fact or law.
Witnesses
A list of witnesses intended to be called, with a brief summary of each witness’
relation to the case and intended testimony. In addition, a table listing the basis
for any objection to a witness’ testimony. The table shall look like this:
Witness Name Objection Basis for Objection
John Doe Hearsay Explanation of objection,
if any.
In submitting this table, the parties are not to overdesignate the number of
witnesses. Each party must make a good faith effort to list only those witnesses it
actually intends to call. The Court understands that exigencies of trial may
require the elimination of one witness or the addition of another, and the Court
will allow such changes if good cause and no prejudice is shown. The important
point is that this Pretrial Order is the time at which the parties must plan their trial
presentation, not some later point in time. For this reason, “reservations” to call
additional witnesses are of no effect.
Deposition Transcripts
A table containing a list of the precise portions of deposition transcripts actually
intended to be introduced at trial, together with any cross-designations or
objections by any other party. If voluminous, the parties may present marked
deposition volumes at the final pretrial conference in lieu of a designation in this
Order, provided that they have discussed or identified to each other any objections
to the proposed testimony prior to the final pretrial conference.
Exhibits
A table containing a list of exhibits intended to be offered, and any objections.
The table should also indicate exhibits to which no party objects on grounds of
authenticity and exhibits to which no party objects on any grounds. All exhibits
must be pre-marked in the order in which they are expected to be used (using
numerals for plaintiff’s exhibits and letters for defendant’s exhibits). At the time
of filing the Pretrial Order, the parties will simultaneously deliver to Chambers a
set of exhibits and deposition testimony to which objection has been made in this
Pretrial Order so that the Court can rule on the objections at the conference to the
extent practicable. The table shall look like this:
Exhibit Objection Basis for Objection
1. John Doe’s Hearsay Explanation for objection,
employment if any.
record
See the admonition under “Witnesses” above with regard to overdesignation. The
same rule applies regarding exhibits.
Relief Sought
SO ORDERED.
U.S.D.J.
Dated: Brooklyn, New York
, 20__
