Local Rule LR 16-4: FORM OF PRETRIAL ORDER

LR 16-4. FORM OF PRETRIAL ORDER The pretrial order must contain the following:

(a) Nature of Action. A brief statement setting forth the jurisdiction of the court, a brief description of the nature of the action, and the parties.

(b) Statement of Facts. A plain and concise statement of facts that are stipulated to by the parties or that are not in dispute.

(c) Claims and Defenses. A plain and concise statement of each party's claims and defenses, including a statement of the elements the party must prove for each claim or defense and the legal theories that support those claims and defenses. A party must state the relief sought for each claim. The parties must not include legal arguments.

(d) Depositions to be Used at Trial. The parties must list by name the depositions they intend to use at trial. If a deposition is designated by one party but not by another, a statement indicating which party designated the deposition must be included. If there are objections to the designated testimony, the parties must specify those objections.

(e) Witnesses. A list of all witnesses the parties may call at trial (except to impeach or rebut), including the witnesses' names, addresses, and subject areas of anticipated testimony. Expert witnesses must be so designated. The parties need not list rebuttal witnesses. A party who calls a witness whose name does not appear in the pretrial order will be permitted to do so only upon leave of court and a showing of good cause.

(f) Exhibits. A list of all exhibits the parties intend to offer at trial. A party may only offer exhibits that are listed in the pretrial order, unless the party demonstrates good cause or unless offered solely to impeach or rebut.

(g) Disputed Facts. A statement of the material facts that remain in dispute and the evidence each party will present to support its position with respect to each disputed fact.

(h) Issues of Law. A statement of issues of law that the parties request the court to resolve or that the court may need to resolve at trial.

(i) Trial Preparation Issues. A statement of evidentiary or procedural issues that may arise at trial and should be addressed by the court before trial.

(j) Estimated Trial Time. An estimate of the total trial time and an estimate of the time each side will need to present its case-in-chief and any counter-case.

(k) Electronic or Computerized Evidence. A statement whether any party intends to offer electronic or computerized evidence or demonstrative aids and whether additional time or equipment will be needed for that evidence.

(l) Objections to Pretrial Order. Any party may object to any provision of the pretrial order by filing and serving objections before the pretrial conference. Any objection not timely made is deemed waived.

(m) Certification. Counsel must certify that all discovery has been completed and that the case is ready for trial.