Final Pretrial Order

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Plaintiff(s) vs. Defendant(s). FINAL PRETRIAL ORDER (A proposed final pretrial order following this formmust be jointly prepared and filed not later than the date set forth in the Preliminary Pretrial Conference Order.) This action came before the Court at a final pretrial conference held on _________ at ___ a.m./p.m., pursuant to Rule 16, Federal Rules of Civil Procedure. I. APPEARANCES: For Plaintiff(s): For Defendant(s): II. NATURE OF ACTION AND JURISDICTION: A. This is an action for B. The jurisdiction of the Court is invoked under Title _____ United States Code, Section _____. C. The subject matter jurisdiction of the Court (is) (is not) disputed. [If disputed, state by which party and on what basis.] III. TRIAL INFORMATION: A. The estimated length of trial is _____ days. B. Trial to __________ has been set for __________. Case Number: ______________ District Judge ______________ American LegalNet, Inc. www.FormsWorkFlow.com IV. AGREED STATEMENTS AND LISTS: A. General Nature of the Claims of the Parties: (1) PLAINTIFF CLAIMS: (suggested type of simple language) "Plaintiff asserts in Count 1 a right of recovery for defendants' negligence as follows: "Plaintiff asserts in Count 2 a right of recovery for defendants' wanton and willful misconduct as follows: "Plaintiff asserts in Count 3 a right to punitive da ages and attorney fees for the following reasons: m (2) DEFENDANT CLAIMS: (suggested type of simple language) Defendant denies liability as asserted in Counts ___ for the following reasons: Defendant as an affirmative defense asserts: (3) ALL OTHER PARTIES' CLAIMS B. Uncontroverted Facts Suggested Language: "The following facts are established by adm issions in the pleadings or by stipulations of counsel (set forth and number uncontroverted or uncontested facts.) C. Issues of Fact and Law Suggested Language: (1) "CONTESTED ISSUES OF FACT: The contested issues of fact rem aining for decision are: (list)" (2) "CONTESTED ISSUES OF LAW: The contested issues of law in addition to those implicit in the foregoing issues of fact, are: (set forth) OR: There are no special issues of law reserved other than those implicit in the foregoing issues of fact." If the parties are unable to agree on what the contes ted issues of fact or law are, their respective contentions as to what the issues are shall be set forth separately and clearly labeled. D. Witnesses Suggested Language: (1) "Plaintiff will call or will haveavailable for testimony at trial those witnesses listed in Appendix A hereof." (2) "Defendant will call or will have available Appendix B hereof." for testimony at trial t hose Witnesses listed on American LegalNet, Inc. www.FormsWorkFlow.com (3) _________will call or will have available for testim Appendix C hereof." ony at trial t hose witnessed listed on (4) "The parties reserve the right to call rebuttal witnesses whose testimony could not reasonably be anticipated without prior notice to opposing counsel." INSTRUCTIONS: (1) A brief one or two sentence synopsis of the witnesses' testimony must be given -- i.e., "Will testify to pain and suffering," "Will testify to lost profits, etc." (2) Leave to call additional witnesses may be granted by the Court in unusual situations on m otion with names, addresses, and an offer of proof of such witness' testimony within twenty-four hours after the need to call such witness becomes known. (3) The witnesses need not be called in the or der listed, but the witnesses to be called on the succeeding day shall be disclosed to opposing counsel later than the end of trial each day, unless not otherwise ordered. E. Expert Witnesses Suggested Language: "Parties are limited to the following number of expert witnesses, including treating physicians, whose names have been disclosed and reports furnished to the other side: Plaintiff (a) Defendant(s) F. Exhibits The parties will offer as exhibits those items listed herein and numbered with Arabic numerals as follows: (1) Joint Exhibits -- Appendix D (marked "JX ____") (2) Plaintiff Exhibits Appendix E (marked "PX _____") (3) Defendant Exhibits Appendix F (marked "DX____") (4) Third-Party Exhibits -- appendix G (use Arabic numerals prefixed by initial of party. INSTRUCTIONS: The above exhibits will be deposited with the Court's Deputy Clerk not later than 4:00 p.m. on the third working day prior to trial. See General Order Number One section on preparation of exhibits. G. Depositions Suggested Language: "Testimony of the following witnesses will be offered by deposition (read or videorecorded)"; OR "No testimony will be offered by deposition" American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS: See General Order Number One section on depositions H. Discovery Suggested Language: "Discovery has been completed" OR "The following provisions have been made for discovery." See General Order Number One section on discovery I. Pending Motions Suggested Language: "The following motions are pending at this time" OR "There are no pending motions at this time." J. Miscellaneous orders INSTRUCTIONS: Set forth any orders not properly includable elsewhere. V. MODIFICATION Suggested Language: "This final pretrial order m ay be modified at the trial of this action, or prior thereto, to prevent manifest injustice. Such modification may be made by application of counsel, or on motion of the Court." VI. SETTLEMENT EFFORTS Suggested Language: "The parties have made a good faith effort to negotiate a settlement," or otherwise described the status of settlement negotiations. VII. TRIAL TO A JURY PROPOSED INSTRUCTIONS --Suggested Language: "The parties have submitted proposed jury instructions as required by General Order Num One." ber See General Order Number One section on jury instruction. Counsel for Plaintiff(s) Counsel for Defendant(s) Approved following Final Pretrial Conference: or \ ____________________ United States District Judge United States Magistrate Judge American LegalNet, Inc. www.FormsWorkFlow.com