1 2 3 4 5 6 7 8 9 10 11 UNITED STATES BANKRUPTCY COURT For The Northern District Of California 12 13 14 15 16 17 [Defendant's Name], 18 Defendant(s). 19 20 21 22 23 24 25 26 27 28 Good cause appearing, IT IS HEREBY ORDERED that: 1. Rule 26(a) Initial Disclosures: All initial disclosures required pursuant to FED. R. vs. [Plaintiff's Name], Plaintiff(s), ORDER FOR PRE-TRIAL PREPARATION AND FOR TRIAL SETTING CONFERENCE AND REQUIREMENTS FOR PRE-TRIAL ORDER Adversary No. [Adversary No] In re: [Debtor's Name], Debtor(s). Case No. [Case No] Chapter [Chapter] UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA CIV. P. 26(a) shall have been made by [Initial disclosures]. 2. completion]. 3. Pre-Trial Motions: All pre-trial motions must be filed in accordance with B.L.R. Discovery Completion: All discovery shall have been completed by [Discovery 7007-1 and heard on or before [Pre-trial Motions]. 4. Trial Setting Conference: A trial setting conference will be held on [Trial setting conference date] at [Trial setting conference time]. It shall be attended by counsel who will try 1 ORDER FOR PRE-TRIAL PREPARATION AND FOR TRIAL SETTING CONFERENCE American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES BANKRUPTCY COURT For The Northern District Of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the matter. All counsel shall be fully prepared to discuss all aspects of the trial. The trial setting conference will not be continued without leave of the court. 5. Joint Pre-Trial Order: All counsel shall meet and confer not less than twenty-one days prior to the trial setting conference for the purpose of preparing the pre-trial order. Not less than fourteen days prior to the trial setting conference a JOINT PRE-TRIAL ORDER shall be filed and served. THE CAPTION SHALL CONTAIN THE DATE AND TIME OF THE TRIAL SETTING CONFERENCE. a. Contents of Pre-Trial Order: The order shall include the following statements in the following order: i. "The following facts are admitted and require no proof:" (Set forth a concise statement of each.); ii. "The following issues of fact, and no others, remain to be litigated:" (Set forth a concise statement of each.); iii. "The following issues of law, and no others, remain to be litigated:" (Set forth a concise statement of each.); iv. "Attached is a list of exhibits intended to be offered at trial by each party, other than exhibits to be used for impeachment only. The parties have exchanged copies of all exhibits." (Attach an exhibit for each party in the form attached. As to each exhibit state whether there is an objection to its admissibility in evidence and the nature of such objection.) If deposition testimony is to be offered as part of the evidence, the offering party shall follow the procedure contained in the attached Courtroom Protocol; v. "The parties have exchanged a list of witnesses to be called at trial." The parties shall exchange a list of names and addresses of witnesses, including expert witnesses, to be called at trial other than those contemplated to be used for impeachment or rebuttal. The lists of witnesses shall be attached to the proposed Joint Pre-Trial Order and shall describe concisely the subject of their proposed testimony. If expert witnesses are to be called at trial, the parties shall exchange 2 ORDER FOR PRE-TRIAL PREPARATION AND FOR TRIAL SETTING CONFERENCE American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES BANKRUPTCY COURT For The Northern District Of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. short narrative statements of the qualifications of the expert and the testimony expected to be elicited at trial. If reports of experts to be called at trial have been prepared, they shall be exchanged but shall not substitute for the narrative statement required; vi. "Other matters that might affect the trial:" (Set forth additional matters such as anticipated motions in limine, special scheduling of witnesses, objections to proposed testimony, etc.); vii. viii. ix. x. "All discovery desired to be conducted has been completed."; "The parties are ready for trial."; "The estimated length of trial is ." "All parties (do) (do not) agree and consent to the entry of final judgment by the Bankruptcy Court:" In the event all parties do not agree and consent the position of each non-consenting party shall be set forth; xi. "The foregoing admissions have been made by the parties, and the parties have specified the foregoing issues of fact and law remaining to be litigated. Therefore, this order shall supersede the pleadings and govern the course of trial of this cause, unless modified to prevent manifest injustice." Plaintiff's Duty. It shall be the duty of plaintiff to prepare and sign a proposed joint pre-trial order and to serve it in such manner so that it will actually be received by the office of counsel for all other parties not later than fifteen days prior to the trial setting conference. The order as proposed by plaintiff shall be complete in all respects except for other parties' lists of exhibits and witnesses. c. Duty Of Parties Other Than Plaintiff. Within three court days following other parties' receipt of plaintiff's proposed order, it shall be the duty of each other party: i. Agreement With Form Of Proposed Order. If plaintiff's proposed order is satisfactory, to attach that party's list of exhibits and witnesses to the order, to indicate approval of the proposed order by signature, to file it with the clerk in time to be received ten days prior to the trial setting conference, and to serve all other parties 3 ORDER FOR PRE-TRIAL PREPARATION AND FOR TRIAL SETTING CONFERENCE American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES BANKRUPTCY COURT For The Northern District Of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. with a completed copy of the order so filed; or ii. Disagreement With Form Of Proposed Order. If plaintiff's proposed order is unsatisfactory: (1) Immediately to meet and confer with plaintiff in a good faith effort to achieve a joint proposed order; and (2) If such effort is unsuccessful, to prepare a separate proposed order and file it, together with plaintiff's order and a declaration of that party setting forth the efforts made to comply with subparagraph (a) immediately above. These shall be filed and served in such a manner that they will actually be received by