court a pretrial brief at least seven (7) days prior to the date set for jury selection in the term of
court in which the case is set for trial unless another date is ordered by the court. The pretrial
brief shall contain the following information:
(A) The name of each attorney, district court identification number, and the full
name of each firm handling the case.
(B) A list of any motions still pending.
(C) A brief and concise statement of the facts upon which each claim or defense
is based.
(D) Additional legal authorities upon which each claim or defense is based not
listed in the Fed. R. Civ. P. 26(f) report to the court. See Local Civ. Rule
26.03(A)(4) (D.S.C.).
(E) Any unusual questions of law concerning admission of evidence or
procedure likely to arise in the trial of the case.
(F) Statement whether the possibility of a compromise settlement has been
discussed and explored with opposing counsel. State specifically whether
an offer has been made and the position of each party as to settlement; if no
attempt to settle has been made, state the reasons. If nonjury, counsel
should not disclose settlement negotiations.
(G) Names of the witnesses expected to be called and a summary of their
anticipated testimony. Also state whether the exclusion of a witness or
witnesses is requested pursuant to Fed. R. Evid. 615. If no request is made
herein, it shall be deemed waived.
(H) Detailed statement of damages, including, but not necessarily limited to the
following information:
(1) Where permanent injuries are claimed, their nature must be described
with particularity, and plaintiff’s life expectancy must be given. Attach
copies of medical reports and doctors’ statements where available.
(2) Special damages claimed must be specified in detail. Thus, in
personal injury cases, medical, nursing, hospital, and similar expenses
should be itemized by giving the names of persons and institutions and
the amount paid to or owing each. If property damage is claimed,
state the cost of repairs and names of persons making them; if
incapable of repair, state the value of the property immediately before
the accident and immediately afterwards.
(3) If loss of earnings or profits is claimed, state the amount, the manner
of computation, the period for which loss is claimed, and the name of
employer, if applicable.
(4) In death cases, state the age, employment, rate of earnings, marital
status, and life expectancy of deceased; also state the name, age, and
the relationship of each dependent.
(5) The defendant should specify its position concerning damages.
(I) For cases in which the relief sought is not covered by or is in addition to (H)
above:
(1) The nature of the relief sought.
(2) The reason(s) such relief should or should not be granted.
(J) Where a contract or a writing is involved, include the following
information:
(1) If a written contract or a writing is involved, furnish a copy to the
court, and specify the portions in controversy, along with (a) the
claimed construction of the portion in controversy and (b) the party’s
position as to performance or nonperformance.
(2) If the contract is oral, its substance should be given: If the parties
dispute the terms, specify the disputed terms and provide the same
information required in subpart (J)(1) above.
(K) Counsel’s best estimate of the time required for trial.
(L) Any special matters to which the court’s attention is sought or required.
(M) Any reason why the case cannot be tried at the term for which it is set for
trial.
(N) The final list of exhibits intended to be used in the trial of the case with any
objections noted. This list shall be served on opposing counsel.
(O) Counsel’s request for voir dire questions (see Local Civ. Rule 47.04
(D.S.C.)). Copies of the requests for voir dire questions shall be served on
opposing counsel. If the requests for voir dire are not submitted seven (7)
days prior to the selection of the jury, counsel shall be deemed to have
waived the right to submit voir dire questions unless made necessary by
events at trial.
Absent order to the contrary, the information required by Local Civ. Rule 26.05(A)-(M)
(D.S.C.) is for the sole use of the court and will not be furnished to opposing counsel without
consent of counsel. Therefore, these portions of the trial brief ((A)-(M)) are not served absent
order to the contrary. Information contained in (N) and (O) shall be served on opposing parties.
Proposed findings and conclusions should not be submitted with the pretrial brief unless
requested by the court.
