FORM 3 (ND/SD MISS. DEC. 2011) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI Plaintiff v. CIVIL ACTION NO. Defendant PRETRIAL ORDER Choose [by a mark] one of the following paragraphs, as is appropriate to the action: 1. If a pretrial conference was held A pretrial conference was held as follows: Date: United States Courthouse at: Time: ________________________ , Mississippi, before the following judicial officer: . If the pretrial conference was dispensed with by the court pursuant to L.U.Civ.R. 16(f)(2) The final pretrial conference having been dispensed with by the judicial officer, the parties have conferred and agree upon the following terms of this pretrial order: 2. The following counsel appeared: American LegalNet, Inc. www.FormsWorkFlow.com FORM 3 (ND/SD MISS. DEC. 2011) a. For the Plaintiff: Name Postal and Email Addresses Telephone No. b. For the Defendant: Name Postal and Email Addresses Telephone No. c. For Other Parties: Name Postal and Email Addresses Telephone No. 3. The pleadings are amended to conform to this pretrial order. 4. The following claims (including claims stated in the complaint, counterclaims, crossclaims, third-party claims, etc.) have been filed: 5. The basis for this court's jurisdiction is: 6. The following jurisdictional question(s) remain(s) [If none, enter "None"]: 7. The following motions remain pending [If none, enter "None"] [Note: Pending motions not noted here may be deemed moot]: 8. The parties accept the following concise summaries of the ultimate facts as claimed by: American LegalNet, Inc. www.FormsWorkFlow.com FORM 3 (ND/SD MISS. DEC. 2011) a. Plaintiff: b. Defendant: c. Other: 9. a. The following facts are established by the pleadings, by stipulation, or by admission: b. The contested issues of fact are as follows: c. The contested issues of law are as follows: 10. The following is a list and brief description of all exhibits (except exhibits to be used for impeachment purposes only) to be offered in evidence by the parties. Each exhibit has been marked for identification and examined by counsel. a. To be offered by the Plaintiff: The authenticity and admissibility in evidence of the preceding exhibits are stipulated. If the authenticity or admissibility of any of the preceding exhibits is objected to, the exhibit must be identified below, together with a statement of the specified evidentiary ground(s) for the objection(s): American LegalNet, Inc. www.FormsWorkFlow.com FORM 3 (ND/SD MISS. DEC. 2011) b. To be offered by the Defendant: The authenticity and admissibility in evidence of the preceding exhibits are stipulated. If the authenticity or admissibility of any of the preceding exhibits is objected to, the exhibit must be identified below, together with a statement of the specified evidentiary ground(s) for the objection(s): 11. The following is a list and brief description of charts, graphs, models, schematic diagrams, and similar objects which will be used in opening statements or closing arguments, but which will not be offered in evidence: Objections, if any, to use of the preceding objects are as follows: If any other objects are to be used by any party, such objects will be submitted to opposing counsel at least three business days before trial. If there is then any objection to use of the objects, the dispute will be submitted to the court at least one business day before trial. 12. The following is a list of witnesses Plaintiff anticipates calling at trial (excluding witnesses to be used solely for rebuttal or impeachment). All listed witnesses must be present to testify when called by a party unless specific arrangements have been made with the trial judge before commencement of trial. The listing of a WILL CALL witness constitutes a professional representation, upon which opposing counsel may rely, that the witness will be present at trial, absent reasonable written notice to counsel to the contrary. American LegalNet, Inc. www.FormsWorkFlow.com FORM 3 (ND/SD MISS. DEC. 2011) Name Will/ May Call [F]act/ [E]xpert [L]iability/ [D]amages Business Address & Telephone Number Will testify live. Will testify by deposition: State whether the entire deposition, or only portions, will be used. Counsel must confer, no later than twenty-one days before the commencement of trial, to resolve all controversies concerning all depositions (electronically recorded or otherwise). All controversies not resolved by the parties must be submitted to the trial judge not later than fourteen days before trial. All objections not submitted within that time are waived. 13. The following is a list of witnesses Defendant anticipates calling at trial (excluding witnesses to be used solely for rebuttal or impeachment). All listed witnesses must be present to testify when called by a party unless specific arrangements have been made with the trial judge before commencement of trial. The listing of a WILL CALL witness constitutes a professional representation, upon which opposing counsel may rely, that the witness will be present at trial, absent reasonable written notice to counsel to the contrary. American LegalNet, Inc. www.FormsWorkFlow.com FORM 3 (ND/SD MISS. DEC. 2011) Name Will/ May Call [F]act/ [E]xpert [L]iability/ [D]amages Business Address & Telephone Number Will testify live. Will testify by deposition: State whether the entire deposition, or only portions, will be used. Counsel must confer, no later than twenty-one days before the commencement of trial, to resolve all controversies concerning all depositions (electronically recorded or otherwise). All controversies not resolved by the parties must be submitted to the trial judge not later than fourteen days before trial. All objections not submitted within that time are waived. 14. This () is is not a jury case. 15. Counsel suggests the following additional matters to aid in the disposition of this civil action: American LegalNet, Inc. www.FormsWorkFlow.com FORM 3 (ND/SD MISS. DEC. 2011) 16. Counsel estimates the length of the trial will be days. 17. As stated in paragraph 1, this pretrial order has been formulated (a) at a pretrial conference before a judicial officer, notice of which was duly served on all parties, and at which the parties attended as stated above, or (b) the final pretrial conference having been dispensed with by the judicial officer, as a result of conferences between the parties. Reasonable opportunity has been afforded for corrections or additi