Local Rule LCvR 16.5: PRETRIAL STATEMENTS

LCvR 16.5 PRETRIAL STATEMENTS

(a) GENERAL.

(1) In any case scheduled for trial or evidentiary hearing the Court may order a final Pretrial Conference before the Court or a magistrate judge. Trial counsel for each party must be present at the final Pretrial Conference unless the Court authorizes otherwise.

(2) Not less than 14 days prior to the final Pretrial Conference, each party shall file and serve on every other party a Pretrial Statement, in the form prescribed by subparagraph (b) of this Rule. Amendments to a party's Pretrial Statement shall be permitted for excusable neglect until entry by the Court or magistrate judge of a final Pretrial Order.

(3) As soon as practicable following the final Pretrial Conference the Court or magistrate judge shall enter a final Pretrial Order which shall govern the trial of the case. The final Pretrial Order may incorporate, in whole or part, the parties' Pretrial Statements. Objections to the final Pretrial Order shall be promptly made, and shall be determined by the Court before trial. Thereafter no departures from the final Pretrial Order shall be permitted except to prevent manifest injustice.

(b) PRETRIAL STATEMENTS.

(1) A party's Pretrial Statement shall contain the following:

(i) a statement of the case;

(ii) a statement of claims made by the party;

(iii) a statement of defenses raised by the parties;

(iv) a schedule of witnesses to be called by the party;

(v) a list of exhibits to be offered in evidence by the party;

(vi) a designation of depositions, or portions thereof, to be offered in evidence by the party;

(vii) an itemization of damages the party seeks to recover; and

(viii) a request for other relief sought by the party.

(2) The statement of the case shall set forth a brief description of the nature of the case, the identities of the parties, and the basis of the Court's jurisdiction.

(3) The statement of claims shall set forth each claim a party has against any other party (including counter-, cross-, and third-party claims), and the party or parties against whom the claim is made.

(4) The statement of defenses shall set forth each defense a party interposes to a claim asserted against it by any other party, including defenses raised by way of general denial, without regard to which party has the burden of persuasion.

(5) The schedule of witnesses shall set forth the full names and addresses of all witnesses the party may call if not earlier called by another party, separately identifying those whom the party expects to present and those whom the party may call if the need arises including rebuttal witnesses. The schedule shall also set forth a brief description of the testimony to be elicited from the witness; and an estimate of the time the party will take in eliciting such testimony. Expert witnesses shall be designated by an asterisk. A party need not list any witness who will be called solely for impeachment purposes.

No objection shall be entertained to a witness or to testimony on the ground that the witness or testimony was disclosed for the first time in a party's Pretrial Statement, unless the party objecting has unsuccessfully sought to learn the identity of the witness or the substance of the testimony by discovery, and the Court or magistrate judge finds the information to have been wrongfully withheld.

(6) The list of exhibits shall set forth a description of each exhibit the party may offer in evidence (other than those created at trial), separately identifying those which the party expects to offer and those which the party may offer if the need arises.

Exhibits shall be listed by title and date. Exhibits will be presumed to be authentic unless objection to their authenticity is made at or before the final Pretrial Conference and the objection is sustained.

(7) The designation of depositions shall identify each deposition or portion thereof (by page and line numbers) the party intends to offer in evidence. Any cross-designation sought by any other party pursuant to Rule 106, Federal Rules of Evidence, must be made at or before the final Pretrial Conference.

(8) The itemization of damages shall set forth separately each element of damages, and the monetary amount thereof, the party claims to be entitled to recover of any other party, including prejudgment interest, punitive damages and attorneys' fees. No monetary amount need be set forth for elements of intangible damage (e.g., pain and suffering, mental anguish, or loss of consortium).

(9) The request for other relief shall set forth all relief, other than judgment for a sum of money, the party claims to be entitled to receive against any other party.

(c) EXEMPTED CASES.

The following categories of actions are exempt from this Rule:

(1) Actions brought pursuant to the Freedom of Information Act;

(2) Petitions for writ of habeas corpus brought by a petitioner incarcerated in the District of Columbia;

(3) Motions filed pursuant to 28 U.S.C. section 2255;

(4) All other petitions brought by prisoners incarcerated in federal facilities, in the District of Columbia;

(5) Appeals from bankruptcy decisions;

(6) All actions brought by the United States to collect student loans or other debts owed to the United States Government;

(7) Actions involving the review of Social Security benefit denials;

(8) All applications for attorneys' fees and costs;

(9) Multi-district litigation;

(10) Condemnation proceedings;

(11) Forfeiture actions by the United States;

(12) Appeals from a decision by a United States Magistrate Judge; and

(13) Motions to quash or enforce administrative subpoenas.

(d) ORDERS AFFECTING CONTENT OF PRETRIAL STATEMENTS.

Nothing in this Rule shall preclude the Court in a particular case from entering an order requiring the parties to submit, in addition to the foregoing contents of pretrial statements, the following:

(1) Stipulations of fact agreed upon or proposed by the parties;

(2) A trial brief incorporating a concise statement of law supporting the party's claims or defenses, and addressing any unusual issues of fact or evidence not already submitted to the Court;

(3) In jury cases, proposed voir dire questions, jury instructions and verdict forms;

(4) In nonjury cases, proposed findings of fact and conclusions of law; and

(5) A joint pretrial statement.

(e) OBJECTIONS TO DEPOSITIONS AND EXHIBITS.

The statement of objections to the use of depositions and to the admissibility of exhibits required by Fed. R. Civ. P. 26(a)(3) shall be filed at or before the pretrial conference.

(f) COMPLIANCE WITH FEDERAL RULES OF CIVIL PROCEDURE.

Compliance with the requirements of this Rule shall constitute full compliance with Fed. R. Civ. P. 26(a)(3) and (4). Those rules shall apply, however, in cases exempted from this Rule.

COMMENT TO LCvR 16.5: Categories of cases exempted from this Rule are not exempted from the scheduling order provisions of Fed. R. Civ. P. 16(b), and LCvR 16.3 of these Rules except as otherwise provided by these Rules.