Joint Pretrial Statement
(a) Contents of Joint Pretrial Statement. Unless ordered otherwise, on the initiative of counsel for the plaintiff or movant, counsel who will try the case and who are authorized to make binding stipulations must confer and prepare a written pretrial statement, signed by each counsel, to be filed by the plaintiff or movant within the time set by the Court or, if no time is set, then not less than seven (7) calendar days before the date of trial. Pretrial statements must conform to Local Form No. 7016-1 Joint Pre-Trial Statement available on the Court’s website and must contain the following:
(1) A brief statement of the nature of the case, including relevant Code sections;
(2) The uncontested material facts;
(3) Each party’s positions regarding the disputed factual issues to be determined. Each party must state whether it contends that the statement is accurate, material and relevant, and why;
(4) Agreed material issues of law;
(5) A separate statement by each party of disputed material issues of law;
(6) A list of each party’s trial witnesses and a summary of the substance of the witnesses’ testimony. Witnesses that are not properly listed, including impeachment witnesses, may not be called at the trial other than for good cause shown. For each witness, opposing parties must set forth, immediately following the summary of the testimony, the legal basis for any objection to the witness testifying. The joint pretrial statement must identify those witnesses whose direct testimony will be presented by declaration or deposition testimony. No witness will be permitted to testify other than in person absent prior Court permission. Any witness permitted to appear telephonically may not appear via wireless device;
(7) A copy of any witness declarations the party intends to introduce at trial. Unless the Court orders otherwise, no witness may provide testimony via a declaration unless the witness appears in person at trial and is subject to cross-examination. Unless ordered otherwise, the direct testimony of any expert witness must be by written declaration including the expert report. The expert witness must appear in person at the hearing and be subject to cross examination;
(8) A statement identifying any depositions to be offered at trial, indicating the specific parts to be offered and against whom they will be offered. Each opposing party must designate any requested supplements to the proposed deposition excerpt;
(9) Each party’s estimate of the time required for trial;
(10) A list of all trial exhibits and any evidentiary objections to the trial exhibits; and
(11) A certification by each party that all listed exhibits have been exchanged or made available to all other parties for inspection and copying and that they have put in place a mechanism that will permit an efficient, electronic presentation of documents in a legible form. Except for good cause shown, no exhibits may be used during the trial other than those presented in accordance with this rule. The parties must comply with the following requirements to identify, label and deliver exhibits to the Court:
(i) The plaintiff’s or movant’s exhibits must be identified by numbers; defendant’s or respondent’s exhibits must be identified by alphabet. The courtroom deputy must be provided with an Exhibit List before the start of trial, as specified or ordered by the assigned judge.
(ii) Unless ordered otherwise, the parties must meet and confer to combine all exhibits on the same flash drive. Unless ordered otherwise, at the time of the hearing, counsel must provide the courtroom deputy with two (2) thumbdrives/flashdrives that contain all exhibits.
(iii) Unless ordered otherwise, all trial exhibits must be presented electronically. This requirement does not apply to pro se parties.
(b) Draft. Unless otherwise agreed by the parties, counsel for plaintiff or movant will prepare and send to opposing parties the initial draft of the joint pretrial statement no later than fourteen (14) days before the filing deadline. All other parties must provide input to the drafting party within seven (7) business days of the receipt of the draft joint pretrial statement. If a party is appearing pro se, counsel representing any other party must timely prepare and distribute the first draft of the joint pretrial statement.
(c) Unilateral Pretrial Statement. Any party who does not cooperate in a timely manner in preparing the joint pretrial statement may be precluded from calling any witnesses or submitting any trial exhibits. If a party does not cooperate, any other party may file a unilateral pretrial statement by the deadline, together with a motion for authority to file a unilateral statement, explaining the details of the other party’s lack of cooperation, including dates when drafts were distributed, and must lodge an appropriate form of order granting the motion.
(d) Unrepresented Parties. Any unrepresented party is responsible for complying with the requirements of this Local Rule except the requirement that exhibits be presented electronically, and any reference in this Local Rule to counsel shall be deemed to refer to such unrepresented party.
Notes 2018: LR amended to expand the contents of a Pre-Trial Statement. Experts’ direct testimony to be via declaration. Exhibits will be presented electronically, except for pro se litigants. The Pre-Trial Statement must conform to Local Form No. 7016-1 Joint Pre-Trial Statement available on the Court’s website.
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