Local Rule RULE 7016-1: PRETRIAL PROCEDURES

RULE 7016-1. PRETRIAL PROCEDURES A.Witness and Exhibit Lists. Fourteen (14) days after the Scheduling Conference, all counsel shall exchange in writing preliminary Witness and Exhibit lists for the purpose of aiding discovery. This list shall not be a final statement of evidence to be presented at trial, but should be exchanged in good faith. The list of witnesses shall contain the name and address of each witness with a brief summary of anticipated testimony. The list of exhibits shall state each exhibit with specificity, identify the exhibit to be introduced into evidence at trial and a brief description of the intended purpose for its introduction. These lists shall not be filed with the Court. Fourteen (14) days prior to the pretrial conference counsel shall exchange final witnesses and exhibits lists. These lists shall not be filed with the Court.

B.Exhibits. Fourteen (14) days prior to the pretrial conference, counsel shall exchange copies of all exhibits anticipated for use at trial. Seven (7) days prior to the trial, counsel shall provide two (2) sets of exhibits to the Judge. Plaintiff's exhibits shall be marked numerically. Defendant's exhibits shall be marked alphabetically. Exhibits should not be filed with the Court, unless designated for appeal. See Local Rule 8006-1(B). During the trial, copies of the exhibits shall be provided to the Court Recording Deputy after they are admitted into evidence. Counsel should not submit original exhibits to the Court as they will not be returned. Counsel is responsible for ensuring that the record is complete by providing the Court Recording Deputy with all admitted exhibits before conclusion of the trial.

C.Pretrial Order. Seven (7) days prior to the pretrial conference counsel shall electronically submit a pretrial order in compliance with Local Rule 9072-1. Unless the Court orders otherwise, the plaintiff shall prepare the initial draft of a proposed pretrial order. The order shall contain the information on and substantially conform to Local Form 9072-1(C). Local Forms 9017-1 and 9017-2 for witness and exhibit lists must be attached to the pretrial order. shall be the product of cooperation between and among the parties and shall be signed by all parties as an agreed pretrial order unless otherwise directed by the Court. The pretrial order will control the course of the trial and may not be amended without the authorization of the Court.

D.PreTrial Conference. The pretrial conference shall include discussion of all issues between the parties and preparation of the case for trial. Counsel for the plaintiff and defendant and any pro se litigants who will conduct the trial shall attend the pretrial conference. The Court will also set a trial date.

E.Non-Compliance. Failure to attend a pretrial conference or failure to comply with the instructions governing adversary procedures contained in the order setting a pretrial conference or a scheduling order may result in an order adverse to the party failing to attend or comply, including dismissal or entry of judgment.

F.Continuance. A motion to continue a pretrial conference must state the reason therefor, and shall contain a statement that the adverse party has been consulted regarding the requested continuance and that the adverse party either consents or objects. The motion shall be filed not later than seven (7) days prior to the date set for the pretrial conference.

G.Settlement. The parties should be prepared to discuss the possibility of settlement at the pretrial conference. In addition, the parties should discuss prior to the pretrial whether a settlement conference would be beneficial to the parties.