Free Pre-Trial Order - Oklahoma

TERRENCE L. MICHAEL, BANKRUPTCY JUDGE PROPOSED FORM OF PRE-TRIAL ORDER

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA IN RE: Case No. Chapter

Debtors.

PRE-TRIAL ORDER Following pre-trial conference held before the Court, IT IS ORDERED: I. This is an action for: (Here state the nature of the action, designate the parties and list the pleadings which raise the issues.) The following facts are admitted, and require no proof: (Here list each admitted fact, including jurisdictional facts.) The reservations as to the facts recited in Paragraph II are as follows: (Here set forth any objection reserved by any party as to the admissibility in evidence of any admitted fact and, if desired by any party, limiting the effect of any issue of fact as provided by Rule 36(b) of the Federal Rules of Civil Procedure, or Admiralty Rule 32B(b) as the case may be.) The following issues of fact, and no others, remain to be litigated upon the trial: (Here specify each; a mere general statement will not suffice.) The exhibits to be offered at the trial together with a statement of all admissions by and all issues between the parties with respect thereto, are as follows: (Here list all documents and things intended to be offered at the trial by each party, other than those to be used for impeachment, in the sequence proposed to be offered, with a description of each sufficient for identification, and a statement of all admissions by and all issues between any of the parties as to the genuineness thereof, and the truth of relevant matters of fact set forth therein or in any legend affixed thereto, together with a statement of objections reserved as to the admissibility in evidence thereof. A list of exhibits which is general in nature [e.g., all financial records of debtor] will not be accepted. Exhibits must be numbered and identified in the same manner as they will be offered at trial.)

II.

III.

IV.

V.

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VI.

The following witnesses will be called: (Here list all witnesses that will or might be called by the parties with a short concise statement as to what they will testify. NOTE: PARTIES MUST EXCHANGE THE NAMES OF ANY ADDITIONAL WITNESSES NOT LISTED IN THE PRE-TRIAL ORDER NO LATER THAN 10 DAYS PRIOR TO TRIAL. WITNESSES NOT SO EXCHANGED WILL NOT BE ALLOWED TO BE CALLED TO TESTIFY, EXCEPT BY ORDER OF THE COURT AND IN THE INTEREST OF JUSTICE.) The following issues of law, and no others, remain to be litigated upon the trial: (Here set forth a concise statement of each.) The possibility of settlement of this case has been explored with the following results: (Here set forth whether the case probably will be settled, may be settled, or there is no possibility of settlement.) The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of the trial of this cause, unless modified to prevent manifest injustice. The parties anticipate the estimated total trial time to be _______ days. DATED , 20 . ______________________________ Terrence L. Michael United States Bankruptcy Judge

VII.

VIII.

IX.

X.

Approved as to form and content: _______________________________ Attorney for Plaintiff

______________________________ Attorney for Defendant (IT IS SUGGESTED THAT THIS FORM OF PRE-TRIAL ORDER BE PRESERVED FOR FUTURE USE) 2