Free Final Pretrial Order format 07-07-08.pdf - Iowa

UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF IOWA ___________ DIVISION [INSERT PARTIES AND CASE NUMBER] FINAL PRETRIAL ORDER [PROPOSED] [NOTE: Instructions for preparing this form appear in brackets and should not be reproduced in the proposed Final Pretrial Order. All material not appearing in brackets should be reproduced in the proposed Final Pretrial Order, as applicable.] This final pretrial order was entered after a final pretrial conference held on [date]. The court expects the parties to comply fully with this order. [Full compliance with the order will assist the parties in preparation for trial, shorten the length of trial, and improve the quality of the trial. Full compliance with this order also will help "secure the just, speedy, and inexpensive determination" of the case. Fed. R. Civ. P. 1.] The following counsel, who will try the case, appeared at the conference [Except in the case of attorneys at the same firm, list each attorney's information separately. Include an e-mail address for each attorney who will try the case.]: 1. For plaintiff(s): Name(s) Street Number, Street Name and/or Box Number City, State and Zip Code Phone Number [include area code] Facsimile Number [include area code] E-mail address For defendant(s): Name(s) Street Number, Street Name and/or Box Number City, State and Zip Code Phone Number [include area code] Facsimile Number [include area code] E-mail address

2.

I. STIPULATIONS OF FACT: The parties agree that the following facts are true and undisputed: [The parties are to recite all material facts as to which there is no dispute. Special consideration should be given to such things, for example, as life and work expectancy, medical and hospital bills, funeral expenses, cause of death, lost wages, back pay, the economic value of fringe benefits, and property damage. The parties should stipulate to an undisputed fact even if the legal relevance of the stipulated fact is questioned by one or more party, but in such instances the stipulated fact should be followed by an identification of the objecting party and the objection (e.g. "Plaintiff objects to relevance.")] A. B. II. EXHIBIT LIST: The parties' exhibit lists are attached to this Order. [The parties are to attach to this order (not include in the body of the order) exhibit lists that include all exhibits (except for impeachment exhibits) each party intends to offer into evidence at trial. Exhibit lists are to be prepared in the attached format, indicating objections using the categories described in the form. All exhibits are to be made available to opposing counsel for inspection at least twenty-one days before the date of the FPTC. Failure to provide an exhibit for inspection constitutes a valid ground for objection to the exhibit, and should be noted on the exhibit list. Any exhibit not listed on the attached exhibit list is subject to exclusion at trial. The court may deem any objection not stated on the attached exhibit list as waived. The parties must bring to the Final Pretrial Conference trial notebooks containing copies of all exhibits to be used at trial. The court's copies of exhibits should be placed in a ringed binder with a copy of the exhibit list at the front and with each exhibit tabbed. The parties must supply the Clerk of Court with a second set of exhibits, also tabbed and in a ringed binder, to be used as the original trial exhibits in the official records of the court.] III. WITNESS LIST: The parties intend to call the following witnesses at trial: [Each party must prepare a witness list, in the following format, that includes all witnesses (except for rebuttal witnesses) the party intends to call to testify at trial. The parties are to exchange their separate witness lists at least twenty-one days before the date of the

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FPTC. A witness testifying by deposition must be listed in the witness list with a designation that the testimony will be by deposition.] A. Plaintiff('s)(s') witnesses [list name, substance of testimony, whether any party objects to the witness, and the nature of and grounds for any objection]: 1. 2. Defendant('s(s')) witnesses [list name, substance of testimony, whether any party objects to the witness, and the nature of and grounds for any objection]: 1. 2.

B.

All parties are free to call any witness listed by an opposing party. A party listing a witness guarantees his or her presence at trial unless it is indicated otherwise on the witness list. Any objection to the offer of testimony from a witness on the witness list is waived if it is not stated on this list. IV. RESTRICTIONS ON WITNESSES: A witness who may testify at the trial or at an evidentiary hearing must not be permitted to hear the testimony of any other witnesses before testifying, and is excluded from the courtroom during the trial or hearing until after the witness has completed his or her testimony, unless exclusion of the witness is not authorized by Federal Rule of Evidence 615 or unless the court orders otherwise. A witness who is excluded from the courtroom pursuant to this paragraph also is prohibited from reviewing a verbatim record of the testimony of other witnesses at the trial or hearing until after the witness has completed his or her testimony at the trial or evidentiary hearing, unless the court orders otherwise. Unless the court orders otherwise, after the commencement of the trial or an evidentiary hearing and until the conclusion of the trial or hearing, a witness who may testify at the trial or hearing is prohibited from communicating with anyone about what has occurred in the courtroom during the trial or hearing. If the witness does testify at the trial or hearing, after the witness is tendered for cross-examination and until the conclusion of the witness's testimony, the witness is prohibited from communicating with anyone about the subject matter of the witness's testimony. A witness may, however, communicate with his or her attorney about matters of privilege, and may communicate with anyone if the right to do so is guaranteed by the United States Constitution.

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These prohibitions do not apply to the parties. An attorney who may call a witness to testify at trial must, before the trial, advise the witness of these restrictions. V. EVIDENTIARY AND OTHER LEGAL ISSUES: A. Plaintiff(`s)(s') Issues: 1. 2. B. Defendant(`s)(s') Issues: 1. 2. [The parties must list all unusual evidentiary and legal issues that are likely to arise at trial, including such things as disputes concerning the admissibility of evidence or testimony under the Federal Rules of Evidence; the elements of a cause of action; whether recovery is barred as a matter of law by a particular defense; disputes concerning the measure, elements, or recovery of damages; and whether the Statute of Frauds or the Parol Evidence Rule will be raised. The purpose of this listing of issues is to advise the court in advance of issues and problems that might arise at trial.] VI. COURTROOM TECHNOLOGY: Prior to trial, attorneys and witnesses who intend to utilize the technology available in the courtroom must familiarize themselves with the proper manner of operation of the equipment. Instruction and training on the proper use of the equipment may be obtained at a training session set up by prior appointment with Jose Leon, who may be contacted at 712-233-3845. (If the parties are unable to reach Jose Leon, they may call Sue Young, at 712-233-3844.) VII. OPENING STATEMENTS; CLOSING ARGUMENTS: Opening statements are limited to 30 minutes and closing arguments are limited to one hour. A request for additional time for opening statements or closing arguments must be made no later than the commencement of trial. VIII. PROTOCOL FOR WITNESSES: An attorney who may call a witness to testify at trial must, before the witness testifies, advise the witness of the accepted protocol for witnesses testifying in this court. This advice should include the following information: (A) the location of the witness box; (B) the proper route from the courtroom door to the
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witness box; (C) the fact that the witness will be placed under oath; (D) where the witness should stand while the oath is being administered; (E) that the witness should adjust the witness chair and the microphone so the microphone is close to and directly in front of the witness's mouth; (F) that the witness should speak only in response to a question; (G) that the witness should wait for a ruling on any objections before proceeding to answer a question; (H) that the witness should answer all questions verbally; and (I) that substances such as food, beverages, and chewing gum should not be brought into the courtroom. The attorney also must advise the witness of proper dress for the courtroom. Proper dress does not include blue jeans, shorts, overalls, T-shirts, shirts with printed words or phrases on the front or back, tank tops, or the like. In addition, law enforcement officers must wear civilian clothing that does not identify them as representatives of a law enforcement agency. The testimony of any party or witness who appears in court in the presence of the jury in attire prohibited by this order may be barred. IX. DEMONSTRATIVE AIDS: A party using a demonstrative aid during a jury trial must, before the demonstrative aid is displayed to the jury, show the demonstrative aid to representatives of all other parties participating in the trial. The term "demonstrative aid" includes charts, diagrams, models, samples, and animations, but does not include exhibits admitted into evidence or outlines of opening statements or closing arguments. IT IS SO ORDERED. DATED this _____ day of ___________________, 20____. _____________________________________________ PAUL A. ZOSS CHIEF MAGISTRATE JUDGE UNITED STATES DISTRICT COURT

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(PLAINTIFF'S) (PLAINTIFFS') (DEFENDANT'S) (DEFENDANTS') EXHIBIT LIST

[Form] The following categories have been used for objections to exhibits: A. Category A. These exhibits already will be in evidence at the commencement of the trial, and will be available for use by any party at any stage of the proceedings without further offer, proof, or objection. Category B. These exhibits are objected to on grounds other than foundation, identification, or authenticity. This category has been used for objections such as hearsay or relevance. Category C. These exhibits are objected to on grounds of foundation, identification, or authenticity. This category has not been used for other grounds, such as hearsay or relevance.
Objections [Cite Fed. R. Evid.] Category A, B, C
Admit/Not Admitted (A) - (NA)

B.

C.

(Plaintiff's)(Plaintiffs') (Defendant's)(Defendants') Exhibits 1. [describe exhibit] 2. [describe exhibit] 3. [describe exhibit] 4. [describe exhibit] 5. [describe exhibit]

Offered

*

[*This column is for use by the trial judge at trial. Nothing should be entered in this column by the parties.]

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