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Appendix G INSTRUCTIONS FOR PREPARATION OF FINAL PRETRIAL ORDER Counsel and any pro se party are directed to meet in advance of the pretrial conference and jointly to develop the contents of the proposed final pretrial order, which shall be presented for the court's approval no later than seven days before the final pretrial conference. Also, attention is directed to Fed. R. Civ. P. 16(d), which provides, in pertinent part, that "[t]he conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties." Listed on the following pages is a format for matters to be included in the final pretrial order. For convenience of the court, counsel, and any pro se party, the sequence and terminology in this format should be used in the preparation of the final pretrial order. The bracketed and italicized information on the form explains what the court expects. Final pretrial orders shall be double-spaced in accordance with D.C.COLO.LCivR 10.1E., even though the instructions in the following format for the proposed scheduling order are single-spaced. (Rev. 12/2011) American LegalNet, Inc. www.FormsWorkFlow.com Appendix G (Continued) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.___________________ Plaintiff(s), v. Defendant(s). ______________________________________________________________________ FINAL PRETRIAL ORDER ______________________________________________________________________ 1. DATE AND APPEARANCES 2. JURISDICTION [Include a statement of the basis for subject matter jurisdiction with appropriate statutory citations. If jurisdiction is denied, give the specific reason for the denial.] 3. CLAIMS AND DEFENSES [Summarize the claims and defenses of all parties, including the respective versions of the facts and legal theories. Do not copy the pleadings. Identify the specific relief sought. Eliminate claims and defenses which are unnecessary, unsupported, or no longer asserted.] 4. STIPULATIONS [Set forth all stipulations concerning facts, evidence, and the applicability of statutes, regulations, rules, ordinances, etc.] 5. PENDING MOTIONS -1- American LegalNet, Inc. www.FormsWorkFlow.com [List any pending motion to be decided before trial, giving the filing date and the filing date of any briefs in support or opposition. Include any motions on which the court expressly has postponed ruling until trial on the merits. If there are no pending motions, please state, "None."] 6. WITNESSES a. List the nonexpert witnesses to be called by each party. List separately: (1) witnesses who will be present at trial (see Fed. R. Civ. P. 26(a)(3)(A)); (2) witnesses who may be present at trial if the need arises (see Fed. R. Civ.P. 26(a)(3)(A)); and (3) witnesses where testimony is expected to be presented by means of a deposition and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony. See Fed. R. Civ. P. 26(a)(3)(B). b. List the expert witnesses to be called by each party. List separately: (1) (2) and witnesses who will be present at trial (see Fed. R. Civ. P. 26(a)(3)(A)); witnesses who may be present at trial (see Fed. R. Civ. P. 26(a)(3)(A)); (3) witnesses where testimony is expected to be presented by means of a deposition and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony. See Fed. R. Civ. P. 26(a)(3)(B). [With each witness' name, set forth (1) the witness' address and telephone number if not previously disclosed, (2) a short statement as to the nature and purpose of the witness' testimony, and (3) whether he or she is expected to testify in person or by deposition.] 7. EXHIBITS [a. List the exhibits to be offered by each party and identify those to be stipulated into evidence. This list should be specific enough so that other parties and the court can understand, merely by referring to the list, each separate exhibit which will be offered. General references such as "all deposition exhibits"or"all documents produced during discovery"are unacceptable.] -2- American LegalNet, Inc. www.FormsWorkFlow.com (1) (2) (3) Plaintiff(s): Defendant(s): Other parties: [The following paragraph shall be included in the final pretrial order.] b. Copies of listed exhibits must be provided to opposing counsel and any pro se party no later than 30 days before trial. The objections contemplated by Fed. R. Civ. P. 26(a)(3) shall be filed with the clerk and served by hand delivery or facsimile no later than 14 days after the exhibits are provided. 8. DISCOVERY [Use the following language:] Discovery has been completed. [Unless otherwise ordered, upon a showing of good cause in an appropriate motion, there will be no discovery after entry of the final pretrial order.] 9. SPECIAL ISSUES [List any unusual issues of law which the court may wish to consider before trial. If none, please state, "None."] 10. SETTLEMENT [Include a certification by the undersigned counsel for the parties and any pro se party that:] a. Counsel for the parties and any pro se party met (in person) (by telephone) on ________________, 200__, to discuss in good faith the settlement of the case. b. The participants in the settlement conference, included counsel, party representatives, and any pro se party. c. The parties were promptly informed of all offers of settlement. d. Counsel for the parties and any pro se party (do) (do not) intend to hold future settlement conferences. -3- American LegalNet, Inc. www.FormsWorkFlow.com e. It appears from the discussion by all counsel and any pro se party that there is [select one]: (a good possibility of settlement.) (some possibility of settlement.) (little possibility of settlement.) (no possibility of settlement.) f. Counsel for the parties and any pro se party considered ADR in accordance with D.C.COLO.LCivR.16.6. 11. OFFER OF JUDGMENT [The following paragraph shall be included in the final pretrial order:] Counsel and any pro se party acknowledge familiarity with the provision of rule 68 (Offer of Judgment) of the Federal Rules of Civil Procedure. Counsel have discussed it with the clients against whom claims are made in this case. 12. EFFECT OF FINAL PRETRIAL ORDER [The following paragraph shall be included in the final pretrial order:] Hereafter, this Final Pretrial Order will control the subsequent course of this action and the trial, and may not be amended except by consent of the pa