Local Rule 16.4: Final Pretrial Order

16.4 Final Pretrial Order

(a) Parties' Planning Conference. At least 14 days before the proposed final pretrial order is due, the plaintiff must convene a conference of all counsel and self-represented parties at a suitable time and place to prepare the proposed final pretrial order. If a party fails to cooperate in the conference or in preparation of the order, another party may move the court for sanctions.

(b) Prerequisites. Before filing the proposed final pretrial order, the parties must:

(1) Exchange Exhibits. Exchange copies of all items expected to be offered as exhibits, and all schedules, summaries, diagrams, charts, etc., to be used but not offered at trial. Impeachment or rebuttal exhibits need not be exchanged. Items must be premarked for identification. A party must make the original or the underlying documents of any proposed exhibit available for inspection on request.

(2) Designate Deposition Excerpts. Serve statements designating excerpts from depositions proposed to be offered at trial, other than for impeachment and rebuttal. Statements must specify witness, page numbers, and line numbers.

(3) Provide Deposition Summaries. Serve a copy of any summary of deposition testimony a party proposes to offer at trial, provided the parties have stipulated to a summary in lieu of reading a deposition.

(4) Confer and Stipulate. Attempt to resolve objections to witnesses, proposed exhibits, and designations and summaries of deposition testimony. Counsel must stipulate to the admissibility of as many exhibits as is practical and consistent with preserving legitimate objections.

(5) Specify Outstanding Evidentiary Objections. Specify unresolved objections in writing on the opposing party's witness and exhibit lists. Objections not shown on the lists will be deemed waived.

(c) Contents of the Order. As shown in Appendix Form D, the proposed final pretrial order must address the following matters:

(1) Nature of Action. A plain, concise statement of the nature of the action and defenses asserted.

(2) Jurisdiction and Venue. The statutory basis of federal jurisdiction and factual basis supporting jurisdiction and venue in the District of Montana.

(3) Jury or Nonjury. Whether a party has demanded a jury of all or any of the issues and whether any other party contests trial of any issue by jury.

(4) Agreed Facts. A statement of all material facts that are not in dispute.

(5) Elements of Liability. The legal elements of each theory of liability under which relief is sought.

(6) Defense Elements. The legal elements of each defense asserted.

(7) Relief Sought. The elements of monetary damage, if any, and the specific nature of any other relief sought.

(8) Legal Issues. A statement of disputed legal issues, including, where necessary to a reasonable understanding of the claim or defense, citations to authority.

(9) Dismissals. A statement of requested or proposed dismissals of parties, claims or defenses.

(10) Use of Discovery Documents. A list of specific answers to interrogatories and responses to requests for admissions that a party expects to offer at trial.

(11) Estimate of Trial Time. An estimate of the number of court days each party requires for presentation of its case in chief.

(d) Witness Lists. As shown in Appendix Form E, and except for impeachment witnesses, each party must attach to the proposed final pretrial order one will-call witness list and one may-call witness list. As to each witness, the list must show:

(1) the witness's city and state of residence;

(2) whether the witness is an expert witness and, if so, the date of the witness's report;

(3) whether the witness will appear in person, remotely, or by deposition;

(4) if the party intends to offer a deposition in its case in chief:

(A) page and line numbers or time frames of any deposition excerpts the party intends to offer;

(B) whether any deposition summary will be offered and, if so, whether the parties stipulate to a summary; and

(5) each other party's objections to each witness's testimony.

(e) Exhibit Lists. As shown in Appendix Form F, and except for impeachment or rebuttal exhibits, each party must attach to the proposed final pretrial order one will-offer exhibit list and one may-offer exhibit list. As to each exhibit, the list must:

(1) include columns showing:

(A) the number of the exhibit;

(B) a brief description of it;

(C) each other party's objections to its admission; and

(D) whether all parties stipulate to its admission; and

(2) include columns intended to show:

(A) whether the exhibit was admitted at the final pretrial conference;

(B) the date the exhibit was offered at trial;

(C) the date ruling on its admission was reserved;

(D) the date the exhibit was admitted; and

(E) the date the exhibit was refused or withdrawn.

(f) Filing. The proposed final pretrial order must be signed by all counsel and self-represented parties, filed in the electronic record, and e-mailed to chambers in compliance with L.R. 7.1(c)(3)(B)-(F).