Local Rule Rule 7016-1: The Joint Final Pretrial Order and the Preparation of Exhibits

Rule 7016-1 The Joint Final Pretrial Order and the Preparation of Exhibits

(a) Duty to Prepare Proposed Joint Final Pretrial Order. If the court orders the parties to prepare a proposed joint final pretrial order, it must be prepared in accordance with this rule. In a contested matter, the movant will be considered the plaintiff for purposes of this rule and the court will designate the other parties responsible to participate. Counsel for plaintiff must: (1) convene a conference for all parties to confer and collaborate in formulating a concise proposed joint final pretrial order; (2) compile and submit the proposed order; and (3) file a stipulation to the entry of the proposed order signed by all parties. If the plaintiff is without counsel, the defendant's counsel must perform these obligations. Unless the court orders otherwise, the deadline to file the stipulation and to submit the proposed order is seven days before the final pretrial conference or, if no final pretrial conference is scheduled, seven days before the hearing or trial. When entered, the order supersedes the pleadings and governs the course of trial unless modified by further order. The pretrial order must not be a vehicle for adding claims or defenses.

(b) Contents of Order. The proposed joint final pretrial order must contain, under the following numbered and captioned headings, the following:

(1) Jurisdiction. The parties must state the basis for bankruptcy court jurisdiction, whether the matter is core and whether jurisdiction is contested by any party.

(2) Plaintiff's Claims. The statement of the claim or claims of plaintiff must include legal theories.

(3) Defendant's Claims. The statement of the claim or claims of defendants or third parties must include legal theories.

(4) Stipulation of Facts and Law. The parties must state, in separately numbered paragraphs, all uncontested facts and all undisputed points of law.

(5) Issues of Fact to be Litigated.

(6) Issues of Law to be Litigated.

(7) Evidence Problems Likely to Arise at Trial. Each party must state its objections to exhibits and to the use of deposition testimony, including the objections required under F.R.Civ.P. 26(a)(3)(B).

(8) Witnesses. Each party must separately list all witnesses whom that party will call and all witnesses whom that party may call. A party may, without further notice, call a witness listed by another party as a "will call" witness. The list must state whether the witness is an expert and whether testimony will be offered by deposition. Only listed witnesses will be permitted to testify at trial, except for rebuttal witnesses whose testimony could not be reasonably anticipated before trial, or except for good cause shown.

(9) Exhibits. Each party must number and list each exhibit with appropriate identification according to subpart (e), below. Only listed exhibits will be considered for admission, except for rebuttal exhibits that could not be reasonably anticipated before trial, or except for good cause shown. The parties are encouraged to agree upon a joint list of exhibits, without duplicates, to be admitted.

(10) Objections to Exhibits. Each party must state its objections to the other party's listed exhibits. Objections not stated in the proposed order may be deemed waived and exhibits not objected to may be admitted into evidence.

(11) Damages. The parties must itemize all claimed damages and must specify damages that can be calculated from objective data. The parties must stipulate to those damages not in dispute.

(12) Trial.

(A) Jury or non-jury.

(B) Estimated length of trial.

(13) Settlement or Mediation. Counsel or a party without counsel must state that they have conferred and considered the possibility of settlement, giving the most recent place and date, and state the current status of negotiations and any plans for further discussions. They may request the court to schedule a settlement conference or mediation.

(14) Filing of Trial Briefs, Proposed Findings of Fact and Requests for Jury Instructions. Unless the court otherwise orders, at least three Business Days before trial, the parties must file trial briefs, proposed findings of fact and conclusions of law in a non-jury case or requests for instructions in a jury case.

(15) Additional Requirements. A judge, in an appropriate case, may add requirements to the proposed joint final pretrial order or may suspend application of this rule in whole or in part.

(16) Juror Costs Attributable to Parties. The court may assess juror expenses under E. D. Mich. LR 38.2.

(c) Failure to Cooperate. For failure to comply with the requirements of this rule or with the terms of the joint final pretrial order, the court may dismiss claims, enter a default judgment, refuse to permit witnesses to testify or to admit exhibits, assess costs and expenses including attorney fees or impose other appropriate sanctions.

(d) Pre-marking and Exchange of Documentary Exhibits. If there has been no final pretrial conference and at least one week's notice of the trial or the evidentiary hearing has been provided to counsel, then at least one Business Day prior to the trial or evidentiary hearing, counsel must arrange with the judge's chambers staff to have all documentary exhibits marked and must provide copies of all exhibits to opposing counsel. In any event, all proposed exhibits and an exhibit list must be provided to the court at the start of the trial or hearing and an extra copy of each exhibit must be available for witnesses' use during testimony. Unless the court orders otherwise, each party will be responsible for the care and custody of the party's own exhibits.

(e) Exhibit Identification. Exhibits must be marked using numbers for the plaintiff or movant and letters for the defendant or respondent. If the defendant has more than 26 exhibits, the defendant may use exhibit numbers starting, for example, with 101 or 1001. Each separate document must be separately marked. Grouping exhibits is strongly discouraged.