UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at ________________
_____________________, )
)
Plaintiff(s), )
) No. _____________
v. )
) Judge Collier
______________________, )
)
Defendant(s). )
FINAL PRETRIAL ORDER
This matter having come before the Court on at a pretrial conference
pursuant to Rule 16 of the Federal Rules of Civil Procedure, and having appeared
as counsel for the plaintiff(s), and having appeared as counsel for the
defendant(s), the following action was taken:
1. Jurisdiction: This is an action for [breach of contract, personal injury, etc]. Jurisdiction
of the Court is invoked pursuant to U.S.C. § . The jurisdiction of the
Court is [disputed / not disputed].
2. General Nature of the Claims of the Parties:
a. Claims and relief sought: [identify the remaining claims in the case and the relief
sought for each claim].
b. Stipulated facts: [set out uncontroverted facts, including admitted jurisdictional
facts and all other significant facts concerning which there is no genuine issue].
c. Plaintiff’s theory: [set out brief summary without detail].
d. Defendant’s theory: [set out brief summary without detail].
e. All other parties’ claims: [same type of summary as to any third parties involved].
3. Contested Issues of Law: The contested issues of law are [set out contested legal issues,
including any pending motions]. OR There are no special issues of law to be resolved.
4. Exhibits: The parties have disclosed all exhibits in accordance with Rule 26(a)(3)(A)(iii)
of the Federal Rules of Civil Procedure. All exhibits to be introduced have been pre-
marked in such a way as to allow the Court to determine which party is offering them.
The parties have prepared a joint list of exhibits. Three copies of this list have been
provided to the Court at the final pretrial conference. If this case is nonjury, a copy of
each exhibit has been furnished to the court at the final pretrial conference.
The parties have endeavored to stipulate to the admissibility of all exhibits. The parties
cannot stipulate to the admissibility of the following exhibits:
[here list any such exhibits].
5. Witnesses: The parties have disclosed all witnesses in accordance with Rule
26(a)(3)(A)(i) of the Federal Rules of Civil Procedure. The names, addresses, and
telephone numbers of all witnesses are as follows:
a. Witnesses for Plaintiff(s):
b. Witnesses for Defendant(s):
6. Other Matters: This case is set for trial before the United States District Judge [and a
jury / without the intervention of a jury] at 9:00 a.m. on . Counsel shall be
present at 9:00 a.m. on the first day of trial to take up any preliminary matters. The
probable length of trial is days. The parties should be prepared for trial on the
date which has been assigned. If this case is not heard immediately, it will be held in line
until the following day or anytime during the week of the scheduled trial date.
[NOTE: As it has been contended that the failure to include a jury demand
in the final pretrial order is a waiver of the jury demand, your attention is
invited to being certain to set forth your jury demand if it is your intention
to have a jury trial.]
7. This final pretrial order shall supplant the pleadings.
SO ORDERED.
ENTER:
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE
APPROVED AS TO FORM AND SUBSTANCE:
Attorney for Plaintiff(s)
2
Attorney for Defendant(s)
3
