Local Rule LR 16.6: FINAL PRETRIAL CONFERENCE

LR 16.6 FINAL PRETRIAL CONFERENCE

(a) Timing. No more than 45 days before trial — except in a proceeding listed in Fed. R. Civ. P. 26(a)(1)(B) — the court must hold a final pretrial conference. This final pretrial conference may be combined with the mediated settlement conference required by LR 16.5(b).

(b) Matters for Discussion. At the final pretrial conference, the parties must be prepared to discuss with the court:

(1) stipulated and uncontroverted facts;

(2) issues to be tried;

(3) disclosure of all witnesses;

(4) exhibit lists and the exchange of copies of all exhibits;

(5) motions in limine, pretrial rulings, and, where possible, objections to evidence;

(6) disposition of all outstanding motions;

(7) elimination of unnecessary or redundant proof, including limitations on expert witnesses;

(8) itemized statements of each party's total damages;

(9) bifurcating the trial;

(10) limits on the length of trial;

(11) jury-selection issues;

(12) facilitating in other ways the just, speedy, and inexpensive disposition of the action, such as, for example, presenting testimony by way of deposition or by a summary written statement; and

(13) any other matter identified in Fed. R. Civ. P. 16(c) and (e), Fed. R. Civ. P. 26(a)(3), or LR 39.1.

(c) Jury Instructions in Patent Cases. If the case involves a claim arising under the patent laws that is to be tried to a jury, the parties must confer before the final pretrial conference with the goal of agreeing on a common set of model jury instructions to be used as a template for each party's proposed jury instructions.

(d) Final Pretrial Order. After the final pretrial conference, the court must issue a final pretrial order that includes:

(1) a deadline for filing and serving motions in limine;

(2) a deadline for the disclosures required by Fed. R. Civ. P. 26(a)(3);

(3) a deadline for filing and exchanging the documents identified in LR 39.1(b); and

(4) any other deadline.

[Adopted effective November 1, 1996, amended February 9, 2006; amended July 23, 2012]