(a) Scheduling and Notice. A final pre-trial conference shall be scheduled in every civil action after the time for discovery has expired. In most actions, the clerk shall give at least twenty-five (25) days notice of such conference. In the court's discretion and upon request of any party or on the court's own initiative, a preliminary or "working" pre-trial conference may be scheduled.
(b) Preparation by Counsel for Final Pre-Trial Conference.
(1) At least twenty-five (25) days before the pretrial conference, all parties must provide to all other parties the pretrial disclosures required under Federal Rule of Civil Procedure 26(a)(3). Seventeen (17) days before the pretrial conference, a party may designate and serve any objections listed in Fed. R.Civ. P. 26(a)(3). The parties’ Rule 26(a)(3) disclosures, and objections thereto, shall be incorporated into the final pretrial order, consistent with Local Civil Rule 16.1(c). The pretrial order must be submitted to the court five (5) business days prior to the pretrial conference.
(2) In preparing for the pretrial conference, the parties shall confer and prepare a final pretrial order. It shall be the duty of counsel for the plaintiff to arrange for this conference. Where video depositions are to be used, parties should endeavor to reach early agreement on editing; where agreement cannot be reached, required rulings by the court should be sought in sufficient time to allow for final edited versions of depositions to be used at trial.
(c) Form of Pre-Trial Order. The pre-trial order shall be prepared in one sequential document without reference to attached exhibits or schedules and shall contain the following in five (5) separate sections, numbered by roman numerals, as indicated:
(1) Stipulations. Stipulations covering jurisdiction, joinder, capacity of the parties, all relevant and material facts, legal issues and factual issues.
(2) Contentions. Contentions covering matters on which the parties have been unable to stipulate, including jurisdiction, misjoinder, capacity of the parties, relevant and material facts, legal issues and factual issues. Claims and defenses as to which no contentions are listed in the pre-trial order are deemed abandoned.
(3) Exhibits. A list of exhibits that each party may offer at trial, including any map or diagram, numbered sequentially, which numbers shall remain the same throughout all further proceedings. Copies of all exhibits shall be provided to opposing counsel not later than the attorney conference provided for in Local Civil Rule 16.1(b). The court may excuse the copying of large maps or other exhibits. Except as otherwise indicated in the pre-trial order, it will be deemed that all parties stipulate that all exhibits are authentic and may be admitted into evidence without further identification or proof. Grounds for objection as to authenticity or admissibility must be set forth in the pre-trial order. When practicable, trial exhibits should carry the same number as in the depositions and references to exhibits in depositions should be changed to refer to the trial exhibit number. It is not necessary to designate exhibits that are to be used solely for impeachment or cross-examination.
(4) Designation of Pleadings and Discovery Materials. The designation by line and page of all portions of pleadings and discovery materials, including depositions, interrogatories and requests for admission that each party may offer at trial by reference to document volume, page number, and line. Objection by opposing counsel shall be noted by document volume, page number and line, and reasons for such objections shall be stated. It is not necessary to designate a deposition, any other discovery material, or any portion of a deposition, that is to be used solely for impeachment or cross-examination.
(5) Witnesses. A list of the names and addresses of all witnesses each party may offer at trial, together with a brief statement of what counsel proposes to establish by their testimony.
(d) Conduct of the Final Pre-Trial Conference.
(1) Purpose. To resolve any disputes concerning the contents of the pre-trial order.
(2) Preparation. Counsel shall be fully prepared to present to the court all information and documentation necessary for completion of the pre-trial order. Failure to do so shall result in the sanctions provided by this local rule.
(3) Sanctions. Failure to comply with the provisions of Local Civil Rule 16.1(d)(2) may result in the imposition of a monetary fine not to exceed $250.00 against the offending counsel and may result in any other sanction allowable by the Federal Rules of Civil Procedure against the parties or their counsel.
(4) Counsel for all parties shall be responsible for preparing the final pre-trial order and presenting it to the court properly signed by all counsel at a time designated by the court. Upon approval by the court, the original shall be filed with the clerk. Failure to provide a unified pre-trial order may result in sanctions being imposed against all parties to the action.
(e) Sample Pre-Trial Order. A pre-trial order in the following form shall be sufficient to comply with these local rules:
JOHN DOE, by his guardian ) No. 5:94-CV-125-F
ad litem, JANE DOE )
Plaintiff )
)
V. ) PRE-TRIAL ORDER
)
XYZ CORPORATION )
Defendant )
Date of Conference: August 12, 1998
Appearances: John Y. Lawyer, Raleigh, North Carolina for plaintiff;
Sam X. Attorney, Fayetteville, North Carolina for defendant.
I. STIPULATIONS.
A. all parties are properly before the court;
B. the court has jurisdiction of the parties and of the subject matter;
C. all parties have been correctly designated;
D. there is no question as to misjoinder or nonjoinder of parties;
E. plaintiff, a minor, appears through his or her guardian;
F. Facts:
1. Plaintiff is a citizen of Wake County, North Carolina.
2. Defendant is a New York corporation, licensed to do business and doing business in the State of North Carolina.
G. Legal Issues:
May a nine-year old minor be guilty of contributory negligence?
H. Factual Issues:
1. Was plaintiff injured and damaged by the negligence of the defendant?
2. What amount, if any, is plaintiff entitled to receive of defendant as compensatory damages?
II. CONTENTIONS.
A. Plaintiff
1. Facts:
(a) That Richard Roe was driving defendant's truck as defendant's agent.
(b) That Richard Roe was negligent in that he drove at an excessive speed and while under the influence of intoxicating liquor.
2. Factual Issues:
What amount, if any, is plaintiff entitled to recover of defendant as punitive damages?
B. Defendant
1. Facts:
That Richard Roe, a former employee, took defendant's truck without authorization and, at the time of the accident, was not the agent or employee of defendant.
2. Factual Issues:
Did plaintiff, by his or her own negligence, contribute to his or her injury and damage?
III. EXHIBITS.
A. Plaintiff
Number Title Objection
l Patrol Report Hearsay
2 Photo of Plaintiff
B. Defendant
Number Title Objection
l Photo of Scene
2 Scale Model
IV. DESIGNATION OF PLEADINGS AND DISCOVERY MATERIALS
A. Plaintiff
Document Portion Objection Reason
Plaintiff's Nos. 1,8 and No. 8 Privilege
first set of 9
interrogatories
Deposition Vol. 1, line Line 6, p. 1 Hearsay
of Richard Roe 6, p. 1 thru thru line 2,
line 5, p. 6 p. 7
B. Defendant
None
V. WITNESSES
A. Plaintiff
Name Address Proposed Testimony
John Jones 615 Rains Street Facts surrounding accident,
Raleigh, N.C. extent of
Frank Flake Selma, N.C. Speed of defendant's
Joe Rock Temple, AR. vehicle, intoxication of driver
B. Defendant
All witnesses listed by plaintiff.
Name Address Proposed Testimony
Sam Smith 4 Appian Way Facts surrounding the
Rome, Italy theft by driver
of the vehicle
TRIAL TIME ESTIMATE: _______ days
_________________________
JOHN Y. LAWYER
Counsel for Plaintiff
_________________________
SAM X. ATTORNEY
Counsel for Defendant
APPROVED BY:
_____________________________
BILL JONES
U.S. MAGISTRATE JUDGE
____________________________, 200_