New Mexico > Federal > District Court
Initial Pretrial Report - New Mexico
| Initial Pretrial Report Form. This is a New Mexico form and can be used in District Court Federal . |
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ___________________________________, Plaintiff, vs. CIVIL NO. ________________________________________________________, Defendant. INITIAL PRETRIAL REPORT Counsel have conferred and submit herewith the parties consolidated Initial Pretrial Report. APPEARANCES Counsel are: ___________________________________ for the plaintiff ___________________________________ for the defendant ___________________________________ for other parties NATURE OF THE CASE <<<<<<<<<********>>>>>>>>>>>>> 2 AMENDMENTS TO PLEADINGSPlaintiff intends to file: Defendant intends to file: STIPULATIONS The parties hereto stipulate and agree that venue is properly laid in this District; that theUnited States District Court for the District of New Mexico has jurisdiction of the parties and thesubject matter. The parties are willing to further stipulate to the following facts: The parties further stipulate and agree that the law governing this case is: PLAINTIFFS CONTENTIONS: -2-<<<<<<<<<********>>>>>>>>>>>>> 3 DEFENDANTS CONTENTIONS DISCOVERY Plaintiff intends to obtain the following discovery: Defendant intends to obtain the following discovery: In accordance with the Civil Justice Expense and Delay Reduction Plan adopted in compliancewith the Civil Justice Reform Act, and pursuant to Title 28 U.S.C. 473(a)(1), this case is assignedto a "___________________" track classification. Accordingly, the termination date for discoveryis ________________________, and discovery shall not be reopened, except by an order of theCourt upon a showing of good cause. This deadline shall be construed to require that discovery becompleted on or before the above date. Service of interrogatories or requests for production shallbe considered timely only if the responses are due prior to the deadline. A notice to take depositionshall be considered timely only if the deposition takes place prior to the deadline. The pendency ofdispositive motions shall not stay discovery. Motions relating to discovery (including, but not limited to, motions to compel and motionsfor protective order) shall be filed with the Court and served on opposing parties by______________________; responses shall be filed with the Court and served on opposing partiesby ________________________; the Notice of Completion and replies, if any, shall be filed with the -3-<<<<<<<<<********>>>>>>>>>>>>> 4Court and served on opposing parties by _______________________. See D.N.M.LR-Civ. 7. Thisdeadline shall not be construed to extend the twenty-day time limit in D.N.M.LR-Civ. 26.6. Plaintiff shall identify to all parties in writing any expert witness to be used by Plaintiff at trialand to provide expert reports pursuant to FED. R. CIV. P. 26(a)(2)(B) no later than________________________. All other parties shall identify in writing any expert witness to be usedby such parties at trial and to provide expert reports pursuant to FED. R. CIV. P. 26(a)(2)(B) no laterthan ___________________________. List all witnesses who, at this time, you think will either testify or be deposed, giving their name, title, address and a brief summary of their testimony. List all documents which you believe, at this time, will be exhibits at the trial. List all experts who you believe, at this time, will testify at the trial, giving their name, address, area of expertise, and a brief summary of the anticipated testimony. OTHER PRETRIAL MOTIONS Plaintiff intends to file: Defendant intends to file: Pretrial motions, other than discovery motions, shall be filed with the Court and served onopposing party by _________________________; the response shall be filed with the Court andserved on opposing party by ___________________________; the Notice of Completion and reply,if any, shall be filed with the Court and served on opposing party by -4-<<<<<<<<<********>>>>>>>>>>>>> 5___________________________. Any pretrial motions, other than discovery motions, filed afterthe above dates shall be considered untimely in the discretion of the Court. PRETRIAL ORDER Counsel are directed to file a consolidated final Pretrial Order as follows: Plaintiff toDefendant on or before _____________________________; Defendant to Court on or before___________________________. In jury cases, proposed jury instructions shall be filed no later than _________________. Innon-jury actions, requested findings of fact and conclusions of law shall be filed no later than_______________________. Refer to "Other Matters." PRETRIAL CONFERENCE AND TRIAL SETTING This matter is set for a PRETRIAL CONFERENCE on _______________________ at_________, ___.m. This matter is set for a NON-JURY TRIAL on a trailing calendar beginning on_____________________________, at _____.m. This matter is set for a JURY TRIAL on a trailing calendar beginning on_____________________________, at _____.m. ESTIMATED TRIAL TIME The parties estimate trial will require ________________________ days/weeks. ____ This is a non-jury case. ____ This is a jury case. -5-<<<<<<<<<********>>>>>>>>>>>>> 6 SETTLEMENT The possibility of settlement in this case is considered: ___________. The parties request asettlement conference _____________________________. OTHER MATTERS Counsel are directed that the Pretrial Order will provide that no witnesses except rebuttalwitnesses whose testimony cannot be anticipated, will be permitted to testify unless the name of thewitness is furnished to the Court and opposing counsel no later than thirty (30) days prior to the timeset for trial. Any exceptions thereto must be upon order of the Court for good cause shown. If documents are attached as exhibits to motions, affidavits or briefs, those parts of theexhibits that counsel want to bring to the attention of the Court must be highlighted in accordancewith D.N.M.LR-Civ. 10.6. EXCEPTIONS (Where counsel cannot agree to any recitation herein, exceptions shall be listed.) APPROVED WITH/WITHOUT EXCEPTIONS (note exceptions above) __________________________________________ For Plaintiff __________________________________________ For Defendant __________________________________________ Other Party -6-<<<<<<<<<********>>>>>>>>>>>>> 7APPROVED: APPROVED AND ADOPTED AS THE ORDER OF THE COURT:___________________________ _____________________________________________United States Magistrate Judge United States District Judge -7-
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