Free Set Hearings - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

, Plaintiff, vs. , Defendant.

) ) ) ) ) ) ) ) ) ) )

No. CIV -

PHX SRB

JOINT PROPOSED PRETRIAL ORDER

Pursuant

to

the

Scheduling

Order

previously

entered,

the

following is the Joint Proposed Pretrial Order to be considered at the Final Pretrial Conference set for before Judge Bolton. A. TRIAL COUNSEL FOR THE PARTIES (Include mailing address, office phone and fax numbers). Plaintiff(s): Defendant(s): B. STATEMENT OF JURISDICTION/VENUE. Cite the statute(s) or , 200, at

rule(s) which give(s) this Court jurisdiction and venue. (e.g., Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. §1332.) C. NATURE OF ACTION. Provide a concise statement of the type

of case, the cause of the action, and the relief sought. (e.g., - This is a products liability case wherein the plaintiff seeks damages for personal injuries sustained when he fell from the driver's seat of a forklift. The 1 Case 2:03-cv-01498-SRB Document 87-2 Filed 11/17/2005 Page 1 of 6

plaintiff contends that the forklift was defectively designed and manufactured by the defendant and that the defects were a producing cause of his injuries and damages.) D. JURY/NON-JURY. State whether any party has demanded a jury

trial of all or any of the issues and, if so, whether each adversary accepts or contests the demand for jury trial. E. CONTENTIONS OF THE PARTIES

With respect to each count of the complaint, counterclaim or cross-claim, and to any defense, affirmative defense, or the rebuttal of a presumption where the burden of proof has shifted, the party having the burden of proof shall list the elements or standards that must be proved in order for the party to prevail on each claim or defense and set forth the relief (e.g. monetary damages), if any, claimed by each party. Citation to relevant and/or controlling legal authority is required. (e.g., In order to prevail on this products liability case, the plaintiff must prove the following elements. . . . (e.g., In order to defeat this products liability claim based on the statute of repose, the defendant must prove the following elements . . . .) F. G. H. I. STIPULATIONS AND UNDISPUTED FACTS PLAINTIFF'S CONTENTIONS OF DISPUTED FACT DEFENDANT'S CONTENTIONS OF DISPUTED FACT ISSUES OF LAW IN CONTROVERSY

List briefly any points of law, substantive, evidentiary or procedural, or concerning the measure or kind of relief prayed, which are or may be reasonably expected to be in controversy.

2 Case 2:03-cv-01498-SRB Document 87-2 Filed 11/17/2005 Page 2 of 6

J.

SEPARATE TRIAL OF ISSUES

State whether separate trial of any of the issues is advisable and feasible. K. WITNESSES

Provide a separate list for each party of all witnesses whom the party will call or may call in person or through deposition, except witnesses who may be called only for impeachment or rebuttal.

Additionally, the parties shall designate which witnesses (1) shall be called at trial, (2) may be called at trial, and (3) are unlikely to be called at trial. Also provide a very short summary of the If any additional witnesses come

intended testimony of the witness.

to the attention of counsel prior to the trial, a supplemental list and summary must be prepared, with notice to the opposing side, and filed with the court. This supplemental list must include the reason why the witness' name was not set forth in this Joint Proposed Pretrial Order. L. EXPERTS

Provide a brief summary of each expert's qualifications and proposed testimony and list any stipulations relating to the number or nature of experts to be called by the parties.

M.

EXHIBITS AND DEPOSITIONS

Each party must submit with this proposed order a list of numbered exhibits, with a description of each containing sufficient information to identify the exhibit, and indicating whether an objection to its admission is anticipated and the basis for such 3 Case 2:03-cv-01498-SRB Document 87-2 Filed 11/17/2005 Page 3 of 6

objection.

Whenever

a

subject

matter

will

reasonably

require

itemization, computation, or illustration, counsel shall prepare diagrams, photocopies or other similar exhibits as may be reasonably necessary for a clear presentation of the subject matter. Those portions of depositions that will be read at trial must be listed by page and line number. N. MOTIONS IN LIMINE AND REQUESTED EVIDENTIARY RULINGS

Set forth the motions in limine which have been filed, whether they have been ruled upon or are scheduled to be ruled upon at the Final Pretrial Conference. Briefly state objections to admission of

any anticipated testimony with citation to the applicable Federal Rule(s) of Evidence. O. P. PROBABLE LENGTH OF TRIAL TRIAL DATE available trial dates after the Final Pretrial

Provide

Conference for all trial counsel and witnesses. For a Bench Trial Q-1. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW shall be filed and served by each party on or before the date set for trial. For a Jury Trial Q-2. STIPULATED PROPOSED STATEMENT OF THE CASE, JURY

INSTRUCTIONS, VOIR DIRE QUESTIONS, JUROR QUESTIONNAIRES, IF ANY, FORMS OF VERDICT AND TRIAL MEMORANDUM OF LAW shall be filed with this proposed order. Instructions which are not agreed upon shall include citation to authority and be filed and served on each party by the date of the Pretrial Conference. Brief objections (which shall 4 Case 2:03-cv-01498-SRB Document 87-2 Filed 11/17/2005 Page 4 of 6

not exceed one page per instruction) shall be filed and served by the date of the Pretrial Conference. R. MISCELLANEOUS

Set forth any other appropriate matters which will aid in the effective presentation or disposition of the action. S. MODIFICATION OF ORDER

The Court may, in order to prevent manifest injustice or for good cause shown, at the trial of the action or prior thereto upon application of counsel for either party, made in good faith, or upon the motion of the Court, modify the Final Pretrial Order upon such conditions as the Court may deem just and proper.

5 Case 2:03-cv-01498-SRB Document 87-2 Filed 11/17/2005 Page 5 of 6

APPROVED AS TO FORM AND CONTENT:

Attorney for Plaintiff

Attorney for Defendant

THIS JOINT PRETRIAL ORDER IS HEREBY APPROVED ON THIS , 200 .

DAY OF

Susan R. Bolton United States District Judge Copies to all counsel of record

6 Case 2:03-cv-01498-SRB Document 87-2 Filed 11/17/2005 Page 6 of 6