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Pretrial Statement

A Pretrial Statement shall be prepared by the attorneys and presented for discussion at the Status Conference, set in accordance with the Docket Control Order, or other instructions from the Court. It is preferred that this be a joint statement.  However, in the event counsel cannot obtain the cooperation of opposing counsel in the preparation of the Pretrial Statement, a brief statement to that effect should be the first paragraph of the Pretrial Statement, together with a summary of the efforts made by counsel to obtain such cooperation.  For non-jury family law matters, the Pretrial Statement shall be filed three business days prior to the trial setting date and a courtesy copy emailed or faxed to the Court's chambers.

The Pretrial Statement shall provide, by separate paragraph, the following:

1. Appearance of Counsel. List the parties, their respective counsel and the address, telephone numbers, email address and fax numbers of counsel in separate sub-paragraphs.

2. Statement of the Case. Give a brief statement of the case for the information of the Court. This is not an opportunity for advocacy. This paragraph simply states the causes of action and defenses of the parties.

3. Motions. State if there are any pending motions, the proponent party and how long they have been on file.

4. Contentions of the Parties. State concisely in separate sub-paragraphs what each party claims. In general, these contentions should be similar to those found in a written Response to Request for Disclosure.

5. Admissions of Fact. List all relevant facts that have been stipulated and admitted and require no additional proof.

6. Contested Issues of Fact. List all relevant factual issues in controversy that are necessary to the final disposition of this matter.

7. Agreed Applicable Propositions of Law. Set out by sub-paragraph the legal positions of the respective parties that are not in dispute.

8. Contested Issues of Law. State briefly the issues of law in dispute, with a memorandum of authorities supporting each issue.

9. Exhibits.

a. Counsel will attach to the Pretrial Statement a list of all exhibits to be offered and will certify that as of the date of the Status Conference all such exhibits have been made available for examination by opposing counsel. This rule does not apply to rebuttal exhibits, or those which cannot be reasonably anticipated.

b. Any counsel requiring authentication of an opponent’s exhibit must notify opposing counsel of that requirement at least 10-days prior to the Status Conference, or within 5-days following receipt of the document, whichever is later. Failure to do so may result in an admission of authenticity.

c. To the extent that discovery has been completed, objections to admissibility of exhibits must be filed and presented for discussion at the Status Conference. Counsel will be prepared to argue the issue and provide supporting legal authorities.

d. Counsel may by agreement present a Joint Exhibit List. In the absence of agreement, the offering party will mark exhibits with appropriate stickers in the lower right-hand corner of the document, or on the lower right-hand back of the document.

e. For information, all exhibits will be offered and received in evidence as the first item of business at trial. At trial counsel will provide copies of an Exhibit List in check-off form for the Court, the Reporter and all opposing counsel.

10. Witnesses. List the names and addresses of witnesses who will or may be called at trial, together with a brief statement of the subject matter and substance of the expected testimony. This should be similar to that provided in a written Response to Request for Disclosure. The Rules of Civil Procedure shall control the calling of witnesses not otherwise disclosed through either the Joint Pretrial Order or written discovery.

11. Trial Requirements. Provide an estimate of the time needed for voir dire, for opening argument and the probable length of trial. Please note that counsel’s estimate will not necessarily be followed by the Court. If witness availability is expected to be an issue, provide a brief statement of the nature of the problem.

12. At the Status Conference the Court may provide additional requirements depending on the nature of the case and the sufficiency of the Joint Pretrial Order.