UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
, §
Plaintiffs §
§
vs. § CIVIL ACTION NO.
§
, §
Defendants §
JOINT PRETRIAL ORDER
1. APPEARANCE OF COUNSEL
List each party, its counsel, and counsel's address, email address and telephone
number in separate paragraphs.
2. STATEMENT OF THE CASE
Give a brief statement of the case, one that the judge could read to the jury panel for
an introduction to the facts and parties; include names, dates, and places.
3. JURISDICTION
Briefly specify the jurisdiction of the subject matter and the parties. If there is an
unresolved jurisdictional question, state it.
4. MOTIONS
List pending motions.
5. CONTENTIONS OF THE PARTIES
State concisely in separate paragraphs each party's claims.
6. ADMISSIONS OF FACT
List all facts that require no proof.
7. CONTESTED ISSUES OF FACT
List all material facts in controversy.
8. AGREED PROPOSITIONS OF LAW
List the legal propositions that are not in dispute.
9. CONTESTED PROPOSITIONS OF LAW
State briefly the unresolved questions of law, with authorities to support each.
10. EXHIBITS
A. On a form similar to the one provided by the clerk, each party will attach two lists
of all exhibits expected to be offered and will make the exhibits available for
examination by opposing counsel. All documentary exhibits must be exchanged
before trial, except for rebuttal exhibits or those whose use cannot be
anticipated.
B. A party requiring authentication of an exhibit must notify the offering counsel in
writing within 7 days after the exhibit is listed and made available; failure to object
in advance of the trial in writing concedes authenticity.
C. Within reason, other objections to admissibility of exhibits must be made at
least 7 days before trial; the Court will be notified in writing of disputes, with
copies of the disputed exhibit and authority.
D. Parties must mark their exhibits to include the date and case number on each.
E. At the trial, the first step will be the offer and receipt in evidence of exhibits.
11. WITNESSES
A. List the names and addresses of witnesses who may be called with a brief
statement of the nature of their testimony. Include the qualifications of expert
witnesses; these will be used to qualify the expert at trial.
B. Include:
"If other witnesses to be called at the trial become known, their names,
addresses, and subject of their testimony will be reported to opposing
counsel in writing as soon as they are known; this does not apply to
rebuttal or impeachment witnesses."
12. SETTLEMENT
State that all settlement efforts have been exhausted, that the case cannot be settled, and
that it will have to be tried.
13. TRIAL
A. Probable length of trial; and
B. Logistical problems, including availability of witnesses, out-of-state people,
bulky exhibits, and demonstrations.
14. ATTACHMENTS
Include these required attachments:
A. For a jury trial:
(1) Proposed questions for the voir dire examination.
(2) Proposed charge, including instructions, definitions, and special
interrogatories, with authority.
B. For a nonjury trial:
(1) Proposed findings of fact (without repeating uncontested facts) and
(2) Conclusions of law, with authority.
Date:
UNITED STATES DISTRICT JUDGE
Approved:
Date:
Attorney-in-Charge, Plaintiff
Date:
Attorney-in-Charge, Defendant
