NO.
IN THE ESTATE OF IN THE PROBATE COURT
<Decedent> , NUMBER TWO OF
DECEASED TARRANT COUNTY, TEXAS
AGREED DOCKET CONTROL PRETRIAL ORDER
BE IT REMEMBERED that the parties agree to, or the Court has ordered the following schedule in lieu of a pre-trial conference in the above cause:
a. Discovery shall be completed by ______, ____, 201__
All depositions are to be taken by ______, ____, 201__
Discovery requests shall be served or filed as appropriate, in sufficient time to allow for timely responses to such discovery requests to be served or filed by the discovery deadline. Plaintiff includes Proponent, Applicant; Defendant includes Contestant.
b. The deadline for filing Amended Pleadings is ______, ____, 201__
c. The deadline for filing Special Exceptions is ______, ____, 201__
d. Experts/Witnesses.
Plaintiff(s) shall file a designation of their testifying experts by ______, _____, 201__
Defendant(s) shall file a designation of their testifying experts by ______, ____, 201__
All expert depositions are to be taken by ______, ____, 201__
All Motions to Strike Experts shall be filed by ______, ___ 201__
All non-expert witnesses shall be designated by ______, __, 201__
(Any expert not designated shall not be permitted to testify. A designation shall include the subject matter and opinions to be proffered by the expert.)
e. All Exhibits are to be exchanged by ______, ___, 201__
f. All Dispositive Motions (Summary Judgments, Plea to Jurisdiction, Plea in Abatement, etc.) shall be filed by ______, ___, 201__
(PLEASE NOTE: Dispositive motions are not to be initially scheduled sooner than 30 days after the exchange of exhibits, so as to provide a built in cushion for changes in this schedule without the need for further order of the Court.)
g. Mediation is required. If the parties have not chosen their own Mediator and reported the results of the Mediation to the Court by ______, ___, 201__, the Court will appoint a Mediator and Mediation SHALL take place within 10 business days of that date.
h. Exchange Pretrial Documents: the parties will exchange the information listed immediately below by ______, ___, 201__
(Note, this Exchange must precede the Pretrial Hearing by no less than 5 business days unless the parties have leave of the Court)
i. Formal Pretrial Hearing. This case is set for formal pretrial hearing on ______, ___, 201__, at . Each party is directed to bring to the Court all of the following:
· A concise trial summary as follows: State each separate cause of action and/or defense; each element of each cause of action and/or defense; if appropriate, a precise legal standard for measure of damages. Please be as brief and concise as possible. This summary is intended to be a “thumbnail sketch” for the Judge and should be limited to one page if possible. No formal headings or styles are required. Reference to case law may be included.
· A list of direct fact witnesses, other than rebuttal or impeachment witnesses, who will be called to testify at trial, stating their address and telephone number and the subject of the testimony of each such witness.
· A list of expert witnesses who will be called to testify at trial, stating their address and telephone number and the subject of the testimony and opinions that will be proffered by each expert witness.
· Proposed jury instructions and issues in a jury case, proposed findings of facts and conclusions of law in a non jury case, in the following form: a) a hard copy and if possible, b) computer disks, or other acceptable electronic media.
· All documentary evidence and exhibits -- which will be produced to the court reporter for marking and identification. The Parties are to stipulate in advance to the authenticity and admissibility of exhibits whenever possible.
Each party shall also be prepared to consider such other matters as may aid in the disposition of the case, including any matter pursuant to Rule 166. All pretrial motions (Motions in Limine, etc.) shall be filed 10 days before the formal pre-trial motions on the day of jury selection.
j. All discovery deadlines not specifically provided for herein shall be controlled by and comply with discovery requirements applicable to a Level ______Case.
k. Trial Setting. This matter is set for jury / non jury trial on ______, ____, 201__ at ______a.m. / p.m. Note: The Matter is not to be set for trial less than 10 business days following the Pre-Trial Hearing.
Signed and approved this ____day of ______, 201__.
Attorney______Attorney______
Attorney______Attorney______
______
Associate Judge Lin Morrisett