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Pretrial Order (General Form) - Utah
| Pretrial Order (General Form) Form. This is a Utah form and can be used in District Court Federal . |
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GENERAL FORM OF PRETRIAL ORDER Counsel Submitting and Utah State Bar Number Attorney for Address Telephone IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH _______________ DIVISION ______________________________________________________________________________ * * Case Numbervs. * * * PRETRIAL ORDER______________________________________________________________________________ This matter having come before the court on _________________, 20___, at apretrial conference held before the Honorable _____________________, pursuant to Fed.R. Civ. P. 16; and ________________________, name of attorney having appeared ascounsel for plaintiff, and ______________________, name of attorney having appeared ascounsel for defendant, and ______________________, name of attorney having appeared ascounsel for _________________________________, the following action was taken: 1. JURISDICTION. This is an action for __________________. Jurisdiction ofthe court is invoked under _____U.S.C. section(s) ____________. The jurisdiction of thecourt is not disputed and is hereby determined to be present. VENUE. Venue was determined by the court to be proper pursuant to ___U.S.C. section(s) ____________. Venue is laid in the ___________ Division of the District ofUtah. See 28 U.S.C. 125. 1 <<<<<<<<<********>>>>>>>>>>>>> 2 2. GENERAL NATURE OF THE CLAIMS OF THE PARTIES (a) Plaintiffs claims: Briefly summarize. (b) Defendants claims: Briefly summarize. (c) All other parties claims: Briefly summarize where third parties are involved. 3. UNCONTROVERTED FACTS. The following facts are established byadmissions in the pleadings, by order pursuant to Fed. R. Civ. P. 56(d), or by stipulation ofcounsel: Briefly set forth, including admitted jurisdictional facts and all other material factsthat are not at issue. 4. CONTESTED ISSUES OF FACT. The contested issues of fact remaining fordecision are: Briefly set forth each contested issue. 5. CONTESTED ISSUES OF LAW. The contested issues of law, in addition tothose implicit in the foregoing issues of fact, are: Either set forth each issue or indicate thatno special issues of law other than those implicit in the foregoing issues of fact were reserved. 6. EXHIBITS. The following were received in evidence or were identified andoffered: List individually, indicating whether received or identified. (a) Plaintiffs exhibits: (b) Defendants exhibits: (c) Exhibits of any third parties: (d) Exhibits received in evidence and placed in the custody of the clerk may be withdrawn from the clerks office upon signing of receipts therefor by the respective parties offering them. The exhibits shall be returned to the clerks office within a reasonable time and in the meantime shall be available for inspection at the request of other parties. (e) Exhibits identified and offered that remain in the custody of the party 2<<<<<<<<<********>>>>>>>>>>>>> 3offering them shall be made available for review by the offering party to any otherparty to the action that requests access to them in writing. (f) Except as otherwise indicated, the authenticity of received exhibits hasbeen stipulated but they have been received subject to objections, if any, by anopposing party at the trial as to their relevancy and materiality. If other exhibitsare to be offered, the necessity for which reasonably cannot now be anticipated, theywill be submitted to opposing counsel at least ________ days prior to trial.7. WITNESSES. (a) In the absence of reasonable notice to opposing counsel to thecontrary: (i) plaintiff will call as witnesses: List individually. (ii) plaintiff may call as witnesses: List individually. (iii) plaintiff will use the following depositions: List each deposition, identified by date and name of witne. ss (b) In the absence of reasonable notice to opposing counsel to the contrary: (i) defendant will call as witnesses: List individually. (ii) defendant may call as witnesses: List individually. (iii) defendant will use the following depositions:Li st each deposition, identified by date and name of witne. ss (c) In the absence of reasonable notice to opposing counsel to the contrary: Part (c) should be completed by the third party(ies), if any. (i) __________________ will call as witnesses: List individually. (ii) __________________ may call as witnesses: List individually. (iii) __________________ will use the following depositions: List each deposition, identified by date and name of witne. ss (d) In the event that witnesses other than those listed are to be called totestify at the trial, a statement of their names, addresses, and the general subject 3<<<<<<<<<********>>>>>>>>>>>>> 4 matter of their testimony will be served upon opposing counsel and filed with the court at least ____ days prior to trial. This restriction shall not apply to rebuttal witnesses whose testimony, where required, cannot reasonably be anticipated before the time of trial. 8. REQUESTS FOR INSTRUCTIONS. If the case is to be tried before a jury,requests for instructions to the jury and special requests for voir dire examination of thejury shall be submitted to the court pursuant to DUCivR 51-1. Counsel may supplementrequested instructions during trial on matters that could not reasonably be anticipatedprior to trial. 9. AMENDMENTS TO PLEADINGS. There were no requests to amendpleadings. Or The following order was made regarding amendments to the pleadings:Se tout. 10. DISCOVERY. Discovery has been completed. Or Discovery is to be completed by __________________________. Or Further discovery is limited to __________________________. Or The following provisions were made for discovery: Briefly specify. 11. TRIAL SETTING. Complete either a. or b. a. The case was set for trial ____ with/ ____ without a jury on _________________________, 20___ at ________ oclock __.m. at _____________. Indicate location as Salt Lake City or Ogden. See 28 U.S.C. 1404(b). b. No definite setting was made, but it was estimated that the case will be set for trial no later than _________________________, 20__. Estimated length of trial is ________ days. 4<<<<<<<<<********>>>>>>>>>>>>> 5 12. POSSIBILITY OF SETTLEMENT. Possibility of settlement is considered ___ good ___fair ___poor. DATED: ________________ BY THE COURT ___________________________________ UNITED STATES DISTRICT JUDGEThe foregoing proposed pretrial order (prior to execution by the court) is hereby adoptedthis _______ day of __________________, 20____. _________________________________
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