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Pretrial Order (Judge Granade) - Alabama
| Pretrial Order (Judge Granade) Form. This is a Alabama form and can be used in Southern District District Court Federal . |
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O R D E R It is ORDERED that, effective March 1, 2002, the following requirements will prevail forpretrial conferences set before Judge Callie V. S. Granade. 1. Counsel will confer and will prepare a single proposed Pretrial Order, in the form attached,which must be filed with the Clerk of Court at least one full week prior to the pretrial conference. 2. Counsel will make a genuine effort to stipulate as to the following: A. Jurisdiction B. Propriety of parties, correctness of identity of legal entities, necessity for appointment of guardian ad litem, guardian, administrator, etc., and validity of appointment if already made, and correctness of designation of party as partnership, corporation or individual d/b/a trade name. C. If the above is/are not agreed to, counsel will certify the question(s) to the court for resolution at the pretrial conference. 3. At the pretrial conference, counsel will discuss settlement potential with the court. The courtexpects that counsel will have conferred prior to the pretrial conference and will have engaged inmeaningful settlement discussion. Counsel should be prepared to discuss the status of any settlementnegotiations, including the last settlement proposal made by each party and to each party, and alsowhether any form of Alternate Dispute Resolution would be beneficial to resolving the case prior totrial. 4. The proposed Pretrial Order will contain: A. In the caption of the joint pretrial document, a complete listing of all parties, both plaintiff and defendant, who remain in the case as of the date the document is filed. Do not use et al.. 1<<<<<<<<<********>>>>>>>>>>>>> 2B. A comprehensive written statement of uncontested facts, in sufficient form that, if thecourt elects, it can be read to the jury.C. A written statement of contested facts that will explain to the court the nature of theparties disputes. It is not necessary for the parties to set forth every possible variationof every factual dispute involved in the case for fear that they may waive thepresentation of some evidence at trial. What the court is interested in is a concisestatement of what fact or facts are in dispute that relate to the legal issues (see D below)that are to be tried in the case. 1. Whenever an alleged breach of contractual obligation is in issue, a statement of the act(s) or omission(s) relied upon by the party or parties asserting such breach. 2. Whenever negligence or wantonness is an issue, a statement of the act(s) or omission(s) relied upon by the party or parties asserting same. 3. Whenever the meaning or interpretation of a contract or other writing is an issue, each party will separately state all facts and circumstances relied upon which serve to aid in the interpretation. 4. Whenever duress, fraud or mistake is an issue, the facts and circumstances relied upon by the parties as constituting the claimed duress or fraud or mistake (see FEDERAL RULE OF CIVIL PROCEDURE 9(b) ) will be specified with particularity. 5. Whenever a conspiracy is charged, the party contending same will set forth the facts and circumstances relied upon as constituting the conspiracy, listing the names of all conspirators making up the conspiracy, together with a narrative of the testimony of such witnesses in regard to the facts of the conspiracy.D. The triable issue or issues. State the triable issue or issues in the context of the factsor factual disputes in the case (e.g., whether, if the defendants vehicle crossed thecenter line, such constituted negligence; whether, if the defendant failed to deliver thegoods by a certain date, this constitutes a breach of the contract; whether thedefendants actions in terminating the plaintiffs employment were racially motivated).E. An estimate of the number of trial days required, exclusive of the jury selection time.F. A statement indicating whether the case is a jury or non-jury case. If a jury case,whether the jury trial is applicable to all aspects of the case or only to certain issues, 2<<<<<<<<<********>>>>>>>>>>>>> 3which will be specified. In view of Rule 48 allowing not fewer than six and not morethan twelve jurors, the parties are to include a statement of their respective (orcollective if they can agree) positions with regard to the number of jurors they requestbe selected to sit in this case. If the parties are unable to agree, the court will cause ajury of eight to be selected. (In jury cases, counsel will file with the court, not later than one (1) week prior to jury selection, copies of all proposed jury instructions and any special questions for voir dire examination of the jury venire, and will provide to opposing counsel a copy of same. In addition, all motions in limine must be filed with the court not later than one (1) week prior to the beginning of trial, except with respect to matters which could not have been anticipated by counsel by such time.) G. A list and description of any legal issues or motions pending or contemplated. H. If a party desires to offer deposition testimony into evidence at the trial, that partywill designate only those relevant portions of same which the party wishes read at trialand advise opposing counsel of same. Opposing counsel will then designate thoserelevant portions of such deposition which the opposing party wishes to offer inevidence. All objections to any such testimony will be made in writing and submittedwith the joint pretrial document so that the court may consider whether ruling on suchobjections will facilitate either the conduct of the trial or result in the disposition ofcertain evidentiary matters that may assist continuing settlement negotiations. Theparties should bring to the courts attention at the pretrial conference whether anyspecific rulings by the court will so facilitate the conduct of the trial or ongoingsettlement negotiations. I. Counsel will list the names and addresses of all witnesses who will or who theyreasonably expect will be called to testify at the trial. It is the desire of the court thatsuch witness lists be kept to a reasonable minimum and additional witnesses may beadded only for good cause shown and on written motion. With respect to expertwitnesses, counsel will furnish the court and opposing counsel with a curriculum vitae ofsuch experts. When an expert witness is called to the stand, counsel will read to suchexpert all his qualifications and inquire as to whether same are correct. If correct, thenext question will relate to the merits of
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