Free Civil Trial Order Attachment.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.] 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: 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 [if available] 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 [if available]

2.

I. STIPULATION OF FACTS: 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 list 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 fifteen court 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. Copies of all exhibits as to which there may be objections must be brought to the FPTC. If an exhibit is not brought to the FPTC and an objection is asserted to the exhibit at the FPTC, the exhibit may be excluded from evidence by the court. 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.] III. WITNESS LIST: The parties intend to call the following witnesses at trial:[Each party must prepare a witness list that includes all witnesses (except for rebuttal witnesses) whom the party intends to call to testify at trial. The parties are to exchange their separate witness lists at least fifteen court days before the date of the FPTC. The witness lists are to be included in the following format. 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) 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.

Defendant(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.

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. EVIDENTIARY AND OTHER LEGAL ISSUES: A. Plaintiff(s) Issues: 1. 2. Defendant(s) Issues: 1. 2.

B.

[The parties must list all unusual evidentiary and legal issues which 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.] IT IS SO ORDERED. DATED this _________ day of _________________, __________. __________________________________ JON STUART SCOLES United States Magistrate Judge NORTHERN DISTRICT OF IOWA

(PLAINTIFF'S) (DEFENDANT'S) EXHIBIT LIST [Form] The following categories have been used for objections to exhibits: A. Category A. The exhibits shall be offered by the parties and admitted as evidence in front of the jury before the parties seek to publish them to the jury. 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 Offered
Admit/Not Admitted (A) - (NA)

B.

C.

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

*

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