DISTRICT COURT
THE PRETRIAL ORDER AND CONFERENCE
All of the Judges in this District expect the case to be completely prepared by the time of the pretrial conference. Witness lists, exhibit lists, deposition designations and counter designations and jury instructions become a part of the Pretrial Order. You will need to check the case Scheduling Order to see whether Motions In Limine are filed prior to or with the Pretrial Order. There could be a requirement to list trial demonstratives and any objections thereto in the Pretrial Order. It is at this stage of the proceedings that counsel should focus on trial procedures. When will demonstrative exhibits be exchanged and available for viewing? Will names of witnesses and exhibits be identified 48 hours before the witness is called at trial? Do documents used in cross-examination need to be identified in advance? And can everything used in rebuttal be kept secret until the last minute? These questions arise during every litigation and may be addressed in a trial management order. If not, they should be discussed in advance with opposing counsel in an attempt to reach agreement. Sample pretrial order forms can be found to the right. The Pretrial Conference is a time for the Judge to explain courtroom protocol and to review any open issues. It will usually last approximately one hour.