Local Rule Rule 106: Pretrial Procedure

RULE 106. PRETRIAL PROCEDURE

1. When Pretrial Order Required

A pretrial order must be submitted in all cases except the following: (a) prisoner habeas corpus petitions, (b) prisoner civil rights cases, (c) collection cases brought by the United States, (d) land condemnation cases, (e) in rem forfeiture actions brought by the United States, (f) administrative appeals brought against the Secretary of the Department of Health and Human Services, (g) foreclosure actions, (h) petitions brought by the United States to enforce a summons of the Internal Revenue Service, (i) appeals from rulings of the Bankruptcy Court, and (j) suits to enforce or quash subpoenas.

2. Contents of Pretrial Order

A proposed pretrial order shall contain the following:

a. A brief statement of facts that each plaintiff proposes to prove in support of that plaintiff's claims, together with a listing of the separate legal theories relied upon in support of each claim.

b. A brief statement of facts that each defendant proposes to prove or rely upon as a defense thereto, together with a listing of the separate legal theories relied upon in support of each affirmative defense.

c. Similar statements as to any counterclaim, crossclaim, or third-party claim.

d. Any amendments required of the pleadings.

e. Any issue in the pleadings that is to be abandoned.

f. Stipulations of fact or, if the parties are unable to agree, requested stipulations of fact.

g. The details of the damages claimed or any other relief sought as of the date of the pretrial conference.

h. A listing of each document or other exhibit, including summaries of other evidence, other than those expected to be used solely for impeachment, separately identifying those which each party expects to offer and those which each party may offer if the need arises. The listing shall indicate which exhibits the parties agree may be offered in evidence without the usual authentication. This requirement may be met by attaching an exhibit list to the pretrial order.

i. A list for each party of the name, address, and telephone number of each witness, other than those expected to be called solely for impeachment, separately identifying those whom the party expects to present and those whom the party may call if the need arises.

j. A list for each party of the name and specialties of experts the party proposes to call as witnesses including hybrid fact/expert witnesses such as treating physicians.

k. A list of the pages and/or lines of any portion of a deposition to be offered in a party's case in chief or any counter-designations under Fed. R. Civ. P. 32(a)(4).

l. Any other pretrial relief, including a reference to pending motions, which is requested.

m. Any other matters added by the Court.

3. Responsibility for Preparing Pretrial Order

The plaintiff shall prepare the first draft of the pretrial order covering all matters which the plaintiff proposes to include in the pretrial order. Unless otherwise ordered by the Court or agreed upon by counsel, the plaintiff shall serve a copy of a draft upon opposing counsel fourteen (14) days before the proposed pretrial order is due to be filed. Unless otherwise ordered by the Court or agreed upon by counsel, opposing counsel shall serve any proposed revisions and additions upon plaintiff's counsel at least seven (7) days before the order is due to be filed. If counsel are unable to agree upon any particular provision of the proposed order, counsel for each party shall submit to the judge by the filing date a draft proposal on the provision in dispute.

4. Submission of Pretrial Order

a) Time

Unless otherwise ordered by the Court, the pretrial order shall be submitted to the judge seven (7) days before the pretrial conference is to be held.

b) Submission Procedure

i) Cases Subject to Electronic Filing. The proposed pretrial order should be filed in accordance with the Court's electronic filing procedures.

ii) Cases Exempt from Electronic Filing. The original and one (1) copy of the pretrial order shall be submitted.

c) Fed. R. Civ. P. 26(a)(3) Disclosures

Submission of a pretrial order containing the information required by L.R. 106.2 within the time limits prescribed by L.R. 106.3 and L.R. 106.4 shall be deemed to constitute compliance with Fed. R. Civ. P. 26(a)(3).

5. Approval and Entry of Pretrial Order

After approving the pretrial order, the judge shall have the approval entered on the docket.

6. Pretrial Conference

The pretrial conference shall be attended by at least one (1) of the attorneys for each of the parties who will actually participate in the trial. Attorneys attending the conference shall be familiar with all aspects of the case and shall confer with their clients before the conference to obtain authority from them to enter into stipulations. If the case involves numerous exhibits, counsel shall be prepared to discuss proposals for the orderly presentation of the exhibits at trial.

7. Pretrial Preparation of Exhibits

a) Pretrial Numbering

Prior to trial, counsel shall attach tags to all exhibits clearly identifying their proponent and number. Tags may be obtained from the Clerk. Counsel shall file with the Clerk and serve upon opposing counsel at least one (1) business day prior to the scheduled trial date an exhibit list. Counsel shall retain the exhibits until they are presented at trial. This Rule does not apply to exhibits to be used solely for impeachment.

b) Pretrial Review of Exhibits

Prior to trial, counsel shall meet for the purpose of reviewing and making available for copying one another's proposed exhibits, except those to be used solely for impeachment. All exhibits which are proffered at trial shall be precisely the same in form and substance as the exhibits which were made available for review and copying prior to trial unless counsel otherwise indicates to opposing counsel.

8. Jury Instructions, Voir Dire Questions, and Special Verdict Forms

a) Submission Procedure

i) Cases Subject to Electronic Filing. Unless otherwise ordered, proposed jury instructions, voir dire questions, and special verdict forms should be filed electronically.

ii) Cases Exempt from Electronic Filing. Unless otherwise ordered, the original and two (2) copies of proposed instructions, voir dire questions, and special verdict forms shall be filed with the Clerk.

b) Contents of Proposed Instructions

Proposed instructions shall be numbered and shall set forth in a separate paragraph or on a separate page a citation to any authorities upon which they are based. Counsel may submit any proposed instructions which they deem appropriate, but unless otherwise ordered by the Court, counsel need not submit proposed instructions on general matters not particular to the case. Upon request, the Court shall provide to counsel a copy of its customary general instructions prior to the instructions submission deadline.