PRETRIAL INSTRUCTIONS
(Judge Frank H. Seay)
ATTORNEYS ATTENDING PRETRIAL:
Pursuant to Local Rule 16.1, it is required that counsel for all parties meet and hold a conference among themselves prior to the Pre-trial Conference and prepare a proposed Pretrial Order which shall set forth the date and where the conference was held, the matters discussed, and all matters agreed upon as well as the matters resolved. The agreed upon proposed Pretrial Order must be submitted to the court by the deadline set forth in the scheduling order, unless otherwise ordered by the court. The proposed Pretrial Order shall follow this form and include all items in the form. The burden is placed on the plaintiff's attorney to see that the conference is held and that the agreed proposed Pretrial Order is timely submitted to the court. Failure to timely submit the proposed Pretrial Order shall be sufficient grounds for the court to summarily dismiss the action or enter such other appropriate order as the facts warrant.
All attorneys who will participate in the trial of the case are required to attend the Pretrial Conference, with a copy of the proposed Pretrial Order. Litigants or parties will not attend the Pretrial Conference without prior court approval.
BY ORDER OF THE COURT.
PATRICK KEANEY, Clerk
PROPOSED FORM OF PRETRIAL ORDER
(Judge Frank H. Seay)
United States District Court For The
Eastern District of Oklahoma
(Style of Case)(Case Number)
PRETRIAL ORDER
Following a pretrial conference held before this court on (insert date), IT IS ORDERED:
1.This is an action for: (state specifically each cause of action, the remedies sought for each, and the defenses to each)
2.Federal jurisdiction and venue are based upon: (state facts and legal authority)
3.The following facts are admitted by the parties and do not require proof: (list each fact, including jurisdictional facts and Rule 36 admissions, and which party will prepare and circulate any stipulations to be read to the jury)
4.The following facts, though not admitted, will not be contested at the trial:
5.The following issues of fact remain for determination by the trial: (specifically list)
6.The following issues of law remain for determination by the court: (specifically list)
7.All trial exhibits, including depositions, for each party, including any admissions or objections to admissibility, thereto, are as follows: (list separately all proposed trial exhibits with a description sufficient for identification and consider subsequent compliance with Local Rule 43.1)
8.All trial witnesses for each party are as follows: (list separately each party's witnesses in chief and rebuttal that could be called, including any other party's witness, with a concise statement of their testimony - Witnesses not so listed will not be allowed to be called and/or to testify, except by order of the court in the interest of justice.)
9.Having met and conferred as required by Local Rule 16.2, the parties consider settlement to be: (state the possibility or probability of settlement of all or any part of the case)
10.This pretrial order, as filed, shall supersede the pleadings and govern the trial and subsequent disposition of this case, unless modified by the court to prevent manifest injustice. Rule 16, Federal Rules of Civil Procedure.
Dated this day of , 20______.
Frank H. Seay - U.S. District Judge
Approved as to Form and Content:
Attorney for the Plaintiff
Attorney for the Defendant