Local Rule 26.05: Civil Pretrial Briefs

26.05: Civil Pretrial Briefs. All attorneys having civil cases set for trial shall furnish the court a pretrial brief at least seven (7) days prior to the date set for jury selection in the term of court in which the case is set for trial unless another date is ordered by the court. The pretrial brief shall contain the following information:

(A) The name of each attorney, district court identification number, and the full name of each firm handling the case.

(B) A list of any motions still pending.

(C) A brief and concise statement of the facts upon which each claim or defense is based.

(D) Additional legal authorities upon which each claim or defense is based not listed in the Fed. R. Civ. P. 26(f) report to the court. See Local Civ. Rule 26.03(A)(4) (D.S.C.).

(E) Any unusual questions of law concerning admission of evidence or procedure likely to arise in the trial of the case.

(F) Statement whether the possibility of a compromise settlement has been discussed and explored with opposing counsel. State specifically whether an offer has been made and the position of each party as to settlement; if no attempt to settle has been made, state the reasons. If nonjury, counsel should not disclose settlement negotiations.

(G) Names of the witnesses expected to be called and a summary of their anticipated testimony. Also state whether the exclusion of a witness or witnesses is requested pursuant to Fed. R. Evid. 615. If no request is made herein, it shall be deemed waived.

(H) Detailed statement of damages, including, but not necessarily limited to the following information:

(1) Where permanent injuries are claimed, their nature must be described with particularity, and plaintiff's life expectancy must be given. Attach copies of medical reports and doctors' statements where available.

(2) Special damages claimed must be specified in detail. Thus, in personal injury cases, medical, nursing, hospital, and similar expenses should be itemized by giving the names of persons and institutions and the amount paid to or owing each. If property damage is claimed, state the cost of repairs and names of persons making them; if incapable of repair, state the value of the property immediately before the accident and immediately afterwards.

(3) If loss of earnings or profits is claimed, state the amount, the manner of computation, the period for which loss is claimed, and the name of employer, if applicable.

(4) In death cases, state the age, employment, rate of earnings, marital status, and life expectancy of deceased; also state the name, age, and the relationship of each dependent.

(5) The defendant should specify its position concerning damages.

(I) For cases in which the relief sought is not covered by or is in addition to (H) above:

(1) The nature of the relief sought.

(2) The reason(s) such relief should or should not be granted.

(J) Where a contract or a writing is involved, include the following information:

(1) If a written contract or a writing is involved, furnish a copy to the court, and specify the portions in controversy, along with (a) the claimed construction of the portion in controversy and (b) the party's position as to performance or nonperformance.

(2) If the contract is oral, its substance should be given: If the parties dispute the terms, specify the disputed terms and provide the same information required in subpart (J)(1) above.

(K) Counsel's best estimate of the time required for trial.

(L) Any special matters to which the court's attention is sought or required.

(M) Any reason why the case cannot be tried at the term for which it is set for trial.

(N) The final list of exhibits intended to be used in the trial of the case with any objections noted. This list shall be served on opposing counsel.

(O) Counsel's request for voir dire questions (see Local Civ. Rule 47.04 (D.S.C.)). Copies of the requests for voir dire questions shall be served on opposing counsel. If the requests for voir dire are not submitted seven (7) days prior to the selection of the jury, counsel shall be deemed to have waived the right to submit voir dire questions unless made necessary by events at trial.

Absent order to the contrary, the information required by Local Civ. Rule 26.05(A)-(M) (D.S.C.) is for the sole use of the court and will not be furnished to opposing counsel without consent of counsel. Therefore, these portions of the trial brief ((A)-(M)) are not served absent order to the contrary. Information contained in (N) and (O) shall be served on opposing parties.

Proposed findings and conclusions should not be submitted with the pretrial brief unless requested by the court.