Local Rule Rule 16.5: Final Pretrial Conference and Order
D. Me. — Civil rule
Rule 16.5 Final Pretrial Conference and Order
(a) Final Pretrial Conference A final pretrial conference will be held as close to the time of trial as reasonable under the circumstances. A final pretrial conference may be conducted by the trial judge or any other judicial officer. The conference may be conducted in person, by telephone, or via videoconference.
(b) Preparation for Final Pretrial Conference
(1) Not later than 5 business days before the final pretrial conference, each party must file with the Court and serve on every other party a pretrial memorandum, which may not exceed 5 pages, containing the following information:
(A) a brief factual statement of the party's claims or defenses, including an itemized statement of any damages claimed;
(B) a brief statement of the party's contentions regarding any controverted points of law, including evidentiary questions, with supporting authority;
(C) proposed stipulations about substantive or evidentiary matters not in dispute;
(D) the names and addresses of all witnesses the party intends to call other than those to be used for impeachment and rebuttal. Absent stipulation, disclosing a witness will not constitute a representation that the witness will be produced or called;
(E) any proposed use of case-specific juror questionnaires; and
(F) a list of the documents and things the party intends to offer as exhibits.
(2) Each party must be prepared at the pretrial conference to discuss any issues concerning subsection (b)(1)(A) through (F) above, to make a representation about settlement, and to discuss all aspects of the trial, including trial presentation.
(c) Conduct of Final Pretrial Conference
(1) Counsel who will conduct the trial for each represented party must attend the conference, unless excused for good cause by the Court. Each attorney attending the conference must be familiar with this rule and with the case and must be prepared to represent to the Court that counsel has discussed settlement with the client.
(2) At the conference, the Court and parties will discuss any pending motions and issues as well as any matters relevant to the trial. The Court will determine whether any pending motions or activities require that additional deadlines be stayed. The Court will ordinarily set a trial date and the deadlines for all pretrial filings.
(3) The Court may direct that a separate settlement conference be held with party representatives present in person.
(d) Final Pretrial Order
(1) Either at or following the final pretrial conference, the Court will issue a final pretrial order, containing the significant points from the conference and setting pretrial deadlines. The order will control the future course of the action. Unless otherwise ordered, any objections to the final pretrial order must be made within 14 days after receipt by the parties.
(2) Any discussion at the conference relating to settlement will not be a part of the final pretrial order.
(3) Trial briefs, voir dire, jury instructions, and other pretrial and trial filings must be filed electronically under Appendix B, the Administrative Procedures Governing the Filing and Service by Electronic Means.