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Pretrial Order (Judge Hand) - Alabama
| Pretrial Order (Judge Hand) 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 the following special requirements shall prevail for Pretrials before Judge W. B. Hands Court: 1. Counsel shall confer and shall prepare a s ingle proposed Pretrial Order in the form attached, which must be in the Courts hands at least one full week bef ore the pretrial hearing. A fine of $20.00 per day will attach to each counsel for failure so to do. 2. Counsel shall consider and 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, correctness of designation of party as partnership, corporation or individual d/b/a trade name. C. If the above be not agreed to, counsel shall certify the question to the Court for resolution at the conference. 3. Settlement. Prior to the Conference counsel will discuss settlement potential with the Court. 4. The proposed Pretrial Order shall contain: A. A comprehensive written statement of uncontested facts to be read to the jury, B. A written statement of contested issues that will explain to 1 <<<<<<<<<********>>>>>>>>>>>>> 2the Court and/or jury the parties disputes, and 1. Whenever an alleged breach of contractual obligation is in issue, a statement of the act or omi ssions relied upon by the party or parties asserting such breach. 2. Whenever the meaning as interpretation of a contract or other writing is in issue, each party shall separately state all facts and circumstances relied upon which serve to aid in the interpretation. 3. Whenever duress, fraud or mistake is an issue, the facts and circumstances relied upon by the parties as constituting the claime d duress or fraud or mistake (see Federal Rule of Civil Procedure 9(b)) shall be specified with particularity. 4. Whenever a conspiracy is charged, the party contending same shall set forth the facts and circumstances relied upon as constituting the conspiracy, listing the names of all c onspirators making up the conspiracy, together with a narrative of the te stimony of such witnesses in regard to the facts of the conspiracy. C. The Triable issue or issues. D. An estimate of the number of trial days required. E. A statement indicating whet her 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, which shall be specified. In jur y cases, counsel shall file with the Court, not lat er than the beginning of trial , copies of all proposed jury instructions and shall furnish opposing counsel a copy of same. In addition to the proposed charges, the parties shall prepare and file a joint jury charge that sets forth th e law that governs the case in a form that satisfies the parties and that the Court may read to the jury. F. A list and description of any law or motion matters pending or contemplated. 2 <<<<<<<<<********>>>>>>>>>>>>> 3 G. When a deposition is to be offered into evidence, and a party objects, a stateme nt of the portions objected to, and the grounds therefor. H. Counsel shall list the names and addresses of all witnesses who shall or may be called and, as to exper ts, a narrative statement of his or her qualifications in sufficient form to be read to the jury by the party offering such witnesses. Any objections to the experts shall be separately set forth and the issue shall be decided at the Conference. I. Whenever damages are claimed and are ascertainable, the parti es shall agree as to the amount of the ascertainable damages and shall so state them. No further testimony will be required to substantiate the amount thereof. The listing of such damages shall not constitute an agreement as to the recoverability of same unless so stated. J. Each party shall list all exhibits which are to be admitted. All exhibits to which there are objection shall be so designated. All exhibits to which there are objections, shall be noted and by whom the objection is made, set ting forth the nature of the objection, and the authority supporting same. F ailure to comply shall constitute a waiver of any such objection . Markers obtained from the Clerk shall be attached to all exhibits. K. Except for good cause shown, the Court will not permit the introduction of any exhibits unless they have been listed in the Pretrial Order, with the exception of exhibits to be used solely for the purpose of impeachment. 5. CAVEAT: Should a party or his counsel fail to appear at the Pretrial Conference a nd such failure is not otherwise satisfactorily explained to the Court, the cause shall: (a) stand dismissed for failure to prosecute, if such failure occurs on the part of the plaintif f; or (b) default judgment shall be entered if such failure occurs on the part of the defendant. 3 <<<<<<<<<********>>>>>>>>>>>>> 4 Failure to st rictly comply with this Order in the form and under the terms contained herein, unless previously excused, shall result in the offending party being found in civil contempt, and such civilcontempt shall continue from day to day until compliance with theOrder. Failure to comply within a period of five (5) days thereafter, and explanation satisfactory to the Court not havi ng been given and accepted, shall result in the cause being dismissed or default judgment being entered, whichever is appropriate. 6. The Pretrial Order when entered may be amended at any time on motion for g ood cause to avoid manifest injustice, and when entered s hall constitute the final statement of the issues involved, govern the conduct of the tr ial, and shall constitute the basis for any relief afforded by the Court. s/W. B. HAND SENIOR UNITED STATES DISTRICT JUDGE W. B. HAND 4 <<<<<<<<<********>>>>>>>>>>>>> 5 FOR THE PURPOSES OF YOUR PREPARATION OF SUGGESTED PRETRIAL ORDERS, IT IS RECOMMENDED THAT YOU FOLLOW THE FOLLOWING FORMAT: _____________________________________________ IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMASTYLE OF CASE PRETRIAL ORDER There is no contest as to the jurisdiction of this Court or asto the correctness of the named defendant(s) or the named plaintiff(s). I . AGREED FACTS (See Paragraph 4.B. of the Pretrial Order)1. 2. 3. II . DISPUTED FACTS (See Paragraph 4A of Pretrial Order)1. 2. 3. 5<<<<<<<<<********>>>>>>>>>>>>> 6 IIA . In contract fraud or conspiracy cases set forth the requirements of Paragraphs 4B(1) (2) (3), and/or (4). III . TRIABLE ISSUES 1. (Not to
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