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GENERAL FORM OF PRETRIAL ORDER Counsel Submitting and Utah State Bar Number Attorney for Address Telephone IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH _______________ DIVISION
______________________________________________________________________________ * * Case Number vs. * * * PRETRIAL ORDER ______________________________________________________________________________

This matter having come before the court on _________________, 20___, at a pretrial conference held before the Honorable _____________________, pursuant to Fed. R. Civ. P. 16; and ________________________, name of attorney having appeared as counsel for plaintiff, and ______________________, name of attorney having appeared as counsel for defendant, and ______________________, name of attorney having appeared as counsel for _________________________________, the following action was taken:

1.

JURISDICTION. This is an action for __________________. Jurisdiction of

the court is invoked under _____U.S.C. section(s) ____________. The jurisdiction of the court is not disputed and is hereby determined to be present.

VENUE. Venue was determined by the court to be proper pursuant to ___ U.S.C. section(s) ____________. Venue is laid in the ___________ Division of the District of Utah. See 28 U.S.C. § 125.

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2.

GENERAL NATURE OF THE CLAIMS OF THE PARTIES (a) (b) (c) Plaintiff's claims: Briefly summarize. Defendant's claims: Briefly summarize. All other parties' claims: Briefly summarize where third parties are

involved.

3.

UNCONTROVERTED FACTS. The following facts are established by

admissions in the pleadings, by order pursuant to Fed. R. Civ. P. 56(d), or by stipulation of counsel: Briefly set forth, including admitted jurisdictional facts and all other material facts that are not at issue.

4.

CONTESTED ISSUES OF FACT. The contested issues of fact remaining for

decision are: Briefly set forth each contested issue.

5.

CONTESTED ISSUES OF LAW. The contested issues of law, in addition to

those implicit in the foregoing issues of fact, are: Either set forth each issue or indicate that no special issues of law other than those implicit in the foregoing issues of fact were reserved.

6.

EXHIBITS. The following were received in evidence or were identified and

offered: List individually, indicating whether received or identified. (a) (b) (c) (d) Plaintiff's exhibits: Defendant's exhibits: Exhibits of any third parties: Exhibits received in evidence and placed in the custody of the clerk

may be withdrawn from the clerk's office upon signing of receipts therefor by the respective parties offering them. The exhibits shall be returned to the clerk's office within a reasonable time and in the meantime shall be available for inspection at the request of other parties. (e) Exhibits identified and offered that remain in the custody of the party 2

offering them shall be made available for review by the offering party to any other party to the action that requests access to them in writing. (f) Except as otherwise indicated, the authenticity of received exhibits has

been stipulated but they have been received subject to objections, if any, by an opposing party at the trial as to their relevancy and materiality. If other exhibits are to be offered, the necessity for which reasonably cannot now be anticipated, they will be submitted to opposing counsel at least ________ days prior to trial.

7.

WITNESSES. (a) In the absence of reasonable notice to opposing counsel to the

contrary: (i) (ii) (iii) plaintiff will call as witnesses: List individually. plaintiff may call as witnesses: List individually. plaintiff will use the following depositions: List each

deposition, identified by date and name of witness. (b) In the absence of reasonable notice to opposing counsel to the

contrary: (i) (ii) (iii) defendant will call as witnesses: List individually. defendant may call as witnesses: List individually. defendant will use the following depositions: List each

deposition, identified by date and name of witness. (c) In the absence of reasonable notice to opposing counsel to the

contrary: Part (c) should be completed by the third party(ies), if any. (i) (ii) (iii) __________________ will call as witnesses: List individually. __________________ may call as witnesses: List individually. __________________ will use the following depositions: List

each deposition, identified by date and name of witness. (d) In the event that witnesses other than those listed are to be called to testify at the trial, a statement of their names, addresses, and the general subject 3

matter of their testimony will be served upon opposing counsel and filed with the court at least ____ days prior to trial. This restriction shall not apply to rebuttal witnesses whose testimony, where required, cannot reasonably be anticipated before the time of trial.

8.

REQUESTS FOR INSTRUCTIONS. If the case is to be tried before a jury,

requests for instructions to the jury and special requests for voir dire examination of the jury shall be submitted to the court pursuant to DUCivR 51-1. Counsel may supplement requested instructions during trial on matters that could not reasonably be anticipated prior to trial.

9.

AMENDMENTS TO PLEADINGS. There were no requests to amend

pleadings. Or The following order was made regarding amendments to the pleadings: Set out.

10.

DISCOVERY. Discovery has been completed. Or Discovery is to be completed by __________________________. Or Further discovery is limited to __________________________. Or The following provisions were made for discovery: Briefly specify.

11.

TRIAL SETTING. Complete either a. or b. a. The case was set for trial ____ with/ ____ without a jury on

_________________________, 20___ at ________ o'clock __.m. at _____________. Indicate location as Salt Lake City or Ogden. See 28 U.S.C. §1404(b). b. No definite setting was made, but it was estimated that the case will be

set for trial no later than _________________________, 20__. Estimated length of trial is ________ days.

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12.

POSSIBILITY OF SETTLEMENT. Possibility of settlement is considered

___ good ___fair ___poor.

DATED: ________________

BY THE COURT

___________________________________ UNITED STATES DISTRICT JUDGE The foregoing proposed pretrial order (prior to execution by the court) is hereby adopted this _______ day of __________________, 20____.

___________________________________ Address: _________________________ __________________________ Counsel for plaintiff

___________________________________ Address: _________________________ __________________________ Counsel for defendant

___________________________________ Address: _________________________ _______________________________ (Counsel for other parties, if any)

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