UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
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versus § CIVIL ACTION NO. 1:__-CV-___
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JOINT PRETRIAL ORDER
Appearance of Counsel
List the parties, their respective counsel, and the physical addresses, email address, and telephone numbers,
including cell phone numbers, of counsel in separate paragraphs.
Statement of the Case
Give a brief statement of the case to inform the court and/or jury of the salient facts, which the court may
read to the jury panel to ascertain whether any panelists are familiar with the facts or parties involved in the
case. Include names, dates, and places. The statement should not exceed one paragraph per party.
Jurisdiction
Briefly set out why the court has full and complete jurisdiction of the subject matter and the parties. If there
is an unresolved jurisdictional question, state the problem.
Motions
List any pending motions.
Contentions of the Parties
State concisely in separate paragraphs what each party claims.
Admissions of Fact
List all facts that require no proof.
Contested Issues of Fact
List all facts in controversy necessary to the final disposition of the case.
Agreed Applicable Propositions of Law
State the legal principles governing this case that are not in dispute.
Contested Issues of Law
State briefly the disputed issues of law. MEMORANDA OF AUTHORITIES MUST BE FILED TO
ADDRESS EACH OF THE ISSUES THAT AFFECT THE CASE.
Exhibits
Each counsel shall attach to the joint pretrial order two (2) copies of a list on a form substantially similar to
that attached of all exhibits expected to be offered. Counsel shall make the exhibits available for examination
by opposing counsel on or before the date the joint pretrial order is due. This rule does not apply to rebuttal
exhibits or those the use of which cannot be anticipated.
All counsel requiring authentication of an exhibit must notify the offering counsel in writing within three (3)
business days after the exhibit is made available. Failure to object in writing concedes authenticity.
The court will admit into evidence all exhibits listed in the final pretrial order unless opposing counsel files
written objections with authorities by the date set forth in the scheduling order. The filing should include
copies of the disputed exhibit and relevant authority.
The offering party shall mark his or her own exhibits before trial to include the party’s name, case number,
and exhibit number on each exhibit, unless joint exhibits are to be used and marked accordingly. If an
exhibit has multiple pages, each page must be numbered consecutively.
Witnesses
Each counsel shall attach two (2) copies of a list in a form substantially similar to that attached setting forth
the names and addresses of each witness (not counsel’s address) who will or may be called at trial in the
order of his or her appearance, including a brief statement of the subject matter and substance of his or her
testimony, as well as the estimated time for his or her examination. If a witness is to appear by deposition,
cite the inclusive pages and lines to be read. Objections to those portions (citing pages and lines) with
supporting authority shall be filed by the date set forth in the scheduling order.
Counsel shall submit a written summary of the qualifications of each expert witness. The court expects the
attorneys to prove their witnesses’ expertise through examination.
Include in this section the following statement:
In the event there are any other witnesses to be called at the trial, their names, addresses, and
the subject matter of their testimony shall be reported to opposing counsel as soon as they are
known. This restriction shall not apply to rebuttal or impeachment witnesses, the necessity of
whose testimony cannot reasonably be anticipated before the time of trial.
Settlement
Include a statement as to the status of settlement negotiations, and, if applicable, that all settlement efforts
have been exhausted. State the current settlement demand and offer and whether the case can reasonably be
expected to settle.
Trial
Include in this paragraph the following:
(a) Whether trial will be jury or non-jury;
(b) Probable length of trial;
(c) Availability of witnesses;
(d) Any foreseeable logistical problems.
Additional Required Attachments
For jury trials, file the following electronically on CM/ECF AND DELIVER TWO COURTESY
COPIES TO CHAMBERS:
(a) Proposed questions for the voir dire examination;
(b) Agreed charge, including proposed jury instructions, definitions, interrogatories, and
authority;
(c) Memoranda of law on disputed issues of law;
(d) Motions in limine.
For non-jury trials, file the following electronically on CM/ECF AND DELIVER TWO COURTESY
COPIES TO CHAMBERS:
(a) Proposed findings of fact and conclusions of law, separating those agreed from those in
dispute. The conclusions of law must include citation of authority.
(b) Memoranda of law on disputed issues of law.
APPROVED:
Counsel for Plaintiff(s) Date
Counsel for Defendant(s) Date
