Local Rule 16.0: Pretrial Conferences
D. Vt. — Civil rule
Rule 16. Pretrial Conferences.
(a) Conference to Discuss Trial Exhibits. Counsel must confer prior to trial about the admission of exhibits. Counsel must prepare exhibits in accordance with L.R. 40 unless the court directs otherwise.
(b) Final Pretrial Conference.
(1) Preparation. Before the final pretrial conference, counsel must:
(A) be fully informed of the client's supporting evidence;
(B) identify witnesses expected to be called and the nature of their testimony so as to facilitate the exchange of substantive evidence with opposing counsel;
(C) supplement or correct disclosures under Fed. R. Civ. P. 26(e);
(D) if the court requires, meet and jointly prepare a proposed final pretrial order meeting the requirements of subsection (2); and
(E) if the court requires, confer and be prepared to report orally the items listed in subsection (2).
(2) Proposed Final Pretrial Order.
(A) The court may require the parties to jointly prepare and sign a proposed final pretrial order that contains some or all of the following:
(i) a statement of the nature of the case;
(ii) a statement as to whether there are amendments to the pleadings and if so, a motion to amend the pleadings;
(iii) any stipulations, including proper venue, jurisdiction over the parties and subject matter, uncontested facts and the law governing the case;
(iv) a statement of the factual issues to be determined at trial;
(v) a statement of the issues of law to be determined at trial;
(vi) a statement of plaintiff's contentions, including the theory of recovery;
(vii) a statement of defendant's contentions, including the theory of defense;
(viii) a list of plaintiff's witnesses, including expert witnesses, and a brief description of their anticipated testimony. If an expert witness has filed a report under Fed. R. Civ. P. 26(a)(2)(B) and supplemented the report under Fed. R. Civ. P. 26(e)(2), there is no need for a description of testimony;
(ix) a list of defendant's witnesses, including expert witnesses, and a brief description of their anticipated testimony. If an expert witness has filed a report under Fed. R. Civ. P. 26(a)(2)(B) and supplemented the report under Fed. R. Civ. P. 26(e)(2), there is no need for a description of testimony;
(x) a list of plaintiff's exhibits, indicating whether there is agreement as to admissibility in accordance with L.R. 40(b) and (c);
(xi) a list of defendant's exhibits, indicating whether there is agreement as to admissibility in accordance with L.R. 40(b) and (c);
(xii) a statement of damages; and
(xiii) an estimate of trial length.
(3) Pretrial Conference.
(A) Unless production is waived, the court may require counsel to bring all documentary evidence and physical exhibits that they expect to offer on contested issues to the final pretrial conference. The court may exclude large or cumbersome exhibits.
(B) Counsel must be prepared to discuss:
(i) the availability of witnesses and evidence, including alternative arrangements for their presentation by transcript or video, etc.;
(ii) evidentiary or other matters parties wish the court to consider before trial;
(iii) evidentiary issues that would consume a significant amount of time and disrupt the flow of the trial;
(iv) settlement; and
(v) in jury cases, the extent and nature of prior settlement negotiations, including reasons for non-settlement.
(C) Parties are discouraged from attending the final pretrial conference. Plaintiffs in personal injury cases, however, must be available to discuss settlement proposals.
(D) Counsel must discuss acceptable terms of settlement with their clients before the conference. Each party must be represented at the conference by counsel authorized to discuss settlement. If counsel does not have full settlement authority, a person with settlement authority should be available by phone.
(E) The court may require the parties to submit:
(i) a trial brief addressing doubtful or disputed points of law that may arise at trial; and
(ii) memoranda before trial for a novel and complex evidentiary issue.