Local Rule Rule 16.1: Final Civil Pretrial Conference

Rule 16.1 Final Civil Pretrial Conference

(a) Scheduling and Notice.

A final pretrial conference shall be scheduled in every civil action after the time for discovery has expired. In most actions, the clerk shall give at least 45 days' notice of such conference. In the court's discretion and upon request of any party or on the court's own initiative, a preliminary or "working" pretrial conference may be scheduled.

(b) Preparation for Final Pretrial Conference.

(1) At least 28 days before the pretrial conference, all parties must provide to all other parties the pretrial disclosures required under Fed. R. Civ. P. 26(a)(3). Twenty-one days before the pretrial conference, a party may designate and serve any objections listed in Fed. R. Civ. P. 26(a)(3). The parties' Rule 26(a)(3) disclosures, and objections thereto, shall be incorporated into the final pretrial order, consistent with subsection (c) of this rule. The pretrial order must be submitted to the court 7 days prior to the pretrial conference.

(2) In preparing for the pretrial conference, the parties shall confer and prepare a proposed pretrial order. It shall be the duty of the plaintiff to arrange for the parties to confer for the purpose of preparing a proposed pretrial order. Where video depositions are to be used, parties should endeavor to reach early agreement on editing; where agreement cannot be reached, required rulings by the court should be sought in sufficient time to allow for final edited versions of depositions to be used at trial.

(c) Form of Pretrial Order.

The pretrial order shall be prepared in one sequential document without reference to attached exhibits or schedules and shall contain the following in 5 separate sections, numbered by roman numerals as indicated:

(1) Stipulations. Stipulations covering jurisdiction, joinder, capacity of the parties, relevant and material facts, legal issues, and factual issues.

(2) Contentions. Contentions covering matters on which the parties have been unable to stipulate, including jurisdiction, misjoinder, capacity of the parties, relevant and material facts, legal issues, and factual issues. Claims and defenses as to which no contentions are listed in the pretrial order are deemed abandoned.

(3) Exhibits. A list of exhibits that each party may offer at trial, including any map or diagram, numbered sequentially; exhibit numbers shall remain the same throughout all further proceedings. Copies of all exhibits shall be provided to the opposing party not later than the conference provided for in subsection (b) of this rule. The court may excuse the copying of large maps or other exhibits. Except as otherwise indicated in the pretrial order, it will be deemed that all parties stipulate that all exhibits are authentic and may be admitted into evidence without further identification or proof. Grounds for objection as to authenticity or admissibility must be set forth in the pretrial order. When practicable, trial exhibits should carry the same number as in the depositions and references to exhibits in depositions should be changed to refer to the trial exhibit number. It is not necessary to designate exhibits that are to be used solely for impeachment or cross-examination. Except as otherwise indicated in the pretrial order or ordered by the court, a party may use any exhibit in opening statements, provided that the exhibit has been listed in the pretrial order, and (a) the opposing party has not objected to it, or (b) any such objection has been overruled prior to opening statement.

(4) Designation of Pleadings and Discovery Materials. The designation of all portions of pleadings and discovery materials, including depositions, interrogatories, and requests for admission that each party may offer at trial, shall be noted by reference, where applicable, to document volume, page number, and line. Objection by the opposing party shall be noted by reference, where applicable, to document volume, page number, and line, and the reasons for such objection shall be stated. It is not necessary to designate any portion of a pleading, deposition, or any other discovery material that is to be used solely for impeachment or cross-examination.

(5) Witnesses. A list of the names and addresses of all witnesses each party may offer at trial, together with a brief statement of what the party proposes to establish by their testimony.

(d) Conduct of the Final Pretrial Conference.

(1) Purpose. To resolve any disputes concerning the contents of the pretrial order.

(2) Preparation. The parties shall be fully prepared to present to the court all information and documentation necessary for completion of the final pretrial order. Failure to do so shall result in the sanctions provided by this local rule.

(3) Pretrial Order. All parties shall be responsible for presenting the final proposed pretrial order, properly signed by all parties, at a time designated by the court.

(e) Penalty for Noncompliance.

A person's failure to comply with the provisions of this local rule may result in the imposition against that person of a monetary fine not to exceed $250.00, any other sanction allowable by the Federal Rules of Civil Procedure, or both.

(f) Sample Pretrial Order.

A pretrial order in the following form shall be sufficient to comply with subsection (c) of this rule:. [The case caption should be in the form provided as an example in Local Civil Rule 10.1.]

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:94-CV-125-F JOHN DOE, by his guardian ) ad litem, and JANE DOE, ) ) Plaintiffs, ) ) v. ) PRETRIAL ORDER ) XYZ CORPORATION, ) ) Defendant. )

Date of Conference: August 12, 1998 Appearances: Jane Y. Lawyer, Raleigh, North Carolina for plaintiff; Sam X. Attorney, Fayetteville, North Carolina for defendant.

I. STIPULATIONS.

A. all parties are properly before the court; B. the court has jurisdiction of the parties and of the subject matter; C. all parties have been correctly designated; D. there is no question as to misjoinder or nonjoinder of parties; E. plaintiff, a minor, appears through his or her guardian; F. Facts: 1. Plaintiff is a citizen of Wake County, North Carolina. 2. Defendant is a New York corporation, licensed to do business and doing business in the State of North Carolina. G. Legal Issues: May a nine-year old minor be guilty of contributory negligence? H. Factual Issues: 1. Was plaintiff injured and damaged by the negligence of defendant? 2. What amount, if any, is plaintiff entitled to receive of defendant as compensatory damages?

II. CONTENTIONS.

A. Plaintiff 1. Facts:

(a) That Richard Roe was driving defendant's truck as defendant's agent.

(b) That Richard Roe was negligent in that he drove at an excessive speed and while under the influence of intoxicating liquor. 2. Factual Issues: What amount, if any, is plaintiff entitled to recover of defendant as punitive damages?

B. Defendant 1. Facts: That Richard Roe, a former employee, took defendant's truck without authorization and, at the time of the accident, was not the agent or employee of defendant. 2. Factual Issues: Did plaintiff, by his or her own negligence, contribute to his or her injury and damage?

III. EXHIBITS.

A. Plaintiff Number Title Objection 1 Patrol Report Hearsay 2 Photo of Plaintiff B. Defendant Number Title Objection 1 Photo of Scene 2 Scale Model IV. DESIGNATION OF PLEADINGS AND DISCOVERY MATERIALS.

A. Plaintiff Document Portion Objection Reason Plaintiff's Nos. 1, 8 and No. 8 Privilege first set of 9 interrogatories Deposition Vol. 1, line Line 6, p. 1 Hearsay of Richard Roe 6, p. 1 thru thru line 2, line 5, p. 6 p. 7 B. Defendant None V. WITNESSES.

A. Plaintiff Name Address Proposed Testimony John Jones 615 Rains Street Facts surrounding Raleigh, NC accident Frank Flake Selma, NC Speed of defendant's vehicle, intoxication of driver B. Defendant All witnesses listed by plaintiff.

Name Address Proposed Testimony Sam Smith 4 Appian Way Facts surrounding the Rome, Italy theft by driver of the vehicle TRIAL TIME ESTIMATE: days /s/ Jane Y. Lawyer JANE Y. LAWYER Attorney for Plaintiff /s/ Sam. S. Attorney SAM X. ATTORNEY Attorney for Defendant APPROVED BY:

___________________________ BILL SMITH U.S. MAGISTRATE JUDGE , 201___.