COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. STANDING ORDER GOVERNING FINAL : JUDICIAL SUBPOENA Plaintiff(s) PRETRIAL CONFERENCE -against- : : It is ORDERED that the following requirements shall : prevail for Fed.R.Civ.P. 16(d) Final Pretrial Conferences set Defendant(s) : . .before . Magistrate. . Judge . Sonja . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F. Bivins. 1. Counsel shall confer and shall prepare a single THE PEOPLE OF THE STATE OF NEW YORK proposed Pretrial Order in the form attached, which must be TO filed with the Clerk of Court at least five (5) days before the pretrial conference. GREETINGS: 2. Counsel shall make a good faith effort to stipulate WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court as to the following: located at County of in room , on Jurisdiction; and day of , 20 , at o'clock in the noon, and at any recessed A. the or adjourned date, to testify and give evidence as a witness in this action on the part of the B. Propriety of parties, correctness of identity of legal entities, necessity for appointment of guardian ad litem, guardian, administrator, will make Your failure to comply with this subpoena is punishable as a contempt of court andetc., you liable to and validity of appointment if already and all and the party on whose behalf this subpoena was issued for a maximum penalty of $50made, damages sustained as a correctness of designation of party as partnership, result of your failure to comply. corporation or individual d/b/a trade name. Witness, Honorable , one of the Justices of the C. If there is a dispute regarding A. or B. above, Court in County, day of , 20 counsel shall certify the question to the Court for resolution at the conference. 3. (Attorney discuss settlement At the conference, counsel shall must sign above and type name below) potential with the Court. Counsel shall confer and engage in Attorney(s) for meaningful settlement discussion prior to the pretrial conference, and then be prepared to discuss the status of any Office and P.O. Address settlement negotiations, and whether any method of Alternative Dispute Resolution would be beneficial to resolving the action Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : prior to trial. 4. Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA -against: The proposed Pretrial Order shall contain: : A. A brief but comprehensive written statement of the action, in sufficient form that if the Court : elects to do so, it can be read to the jury (e.g., “This is a Title Defendant(s) VII action (a Jones Act action; a : . . . . . . . . . . . . . . .negligence . .action; . .etc.).. . . The plaintiff claims that ............. ......... ....... ... _____. The defendant claims that _____.”) THE PEOPLE OF THE STATE OF NEW YORK B. For each claim asserted, a listing of the legal elements of each claim derived from the pattern jury instructions or applicable and controlling case law interpreting the claim. TO C. A statement of the agreed facts specifically related to the claim. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable D. A statement of the the at disputed facts specifically Court related to the claim.1 at located County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed An estimate of the number of trial of the or adjourned date,E.testify and give evidence as a witness in this action on the part days to required, and a statement of the number of witnesses reasonably expected to testify on behalf of each party. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a F. A statement indicating whether the action is a result of your failure to comply. jury or non-jury action. If a jury action, whether the jury trial is applicable to all aspects of the Witness, Honorable or only to certain issues, ,which shall of the one of the Justices be dispute Court in County, , 20 specified. day of (1) Jury Size. In view of Fed.R.Civ.P. 48, which allows not fewer (Attorney must sign above and type name below) than six (6) and not more than twelve (12) jurors, the parties shall include a statement of their respective (or collective, if they can agree) positions with Attorney(s) for 1 It is not necessary for the parties to set forth every possible variation of every factual dispute involved in the Office and P.O. Address case for fear that they may waive the presentation of some evidence at trial. The Court is interested in a concise statement of the facts that are disputed and undisputed, Telephone No.: specifically related to the legal claims that are to be Facsimile No.: litigated. E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. regard to the number of :jurors they request be JUDICIAL SUBPOENA Plaintiff(s) selected. If the parties are unable to agree, -against: the Court will cause a jury of eight (8) to be selected. : (2) Voir Dire Questions. Proposed voir dire questions and objections: thereto shall be included in Defendant(s) the Joint Pretrial Order. Each : . . . . . . . . . . . . . . . . . . . . . party . . . . . . . . . .be . .limited . . . twenty-five (25) . . . . . . . shall . . . . . . . . . . . to questions. Lawyer voir dire will be permitted using court-approved questions from the lists submitted. THE PEOPLE OF THE STATE OF NEW YORK (3) Jury Instructions. No later than seven (7) days prior to trial, the parties shall file a jointly prepared set of jury instructions. For any disputed instructions, the parties may file separate instructions designated accordingly GREETINGS: (“Plaintiff’s proposed jury instruction number _____;” etc.) WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before TO , the Honorable at the Court G. A list and atdescription of any legal issues or located County of motions (including motions in limine) the in room , on the day of , 20 , at o'clock in pending and at any recessed noon, or or adjourned date,contemplated. to testify and give evidence as a witness in this action on the part of the H. A list designating those relevant portions of depositions which any party wishes read at trial. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to All objections to any such testimony shall be made the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a in writing and submitted with the Joint Pretrial result of your failure to comply. Order. The parties should bring to the Court's attention at the pretrial conference whether any Witness, Honorable rulings by the Court will ,facilitate the one of the Justices of the specific Court in County, day of , ongoing settlement conduct of the trial or 20 negotiations. I. A list of the names and (Attorney must sign above and type name below) addresses of all witnesses who are expected to testify at the trial. Witness lists shall be kept to a reasonable minimum; additional witnesses may be Attorney(s) only for good added for cause shown and on written motion. (1) Expert Witnesses. With respect to expert witnesses, counsel shall furnish the Court and Office and P.O. Address opposing counsel with a curriculum vitae of such experts. When an expert witness is called to the stand, counsel will read into the record the expert’s qualifications and Telephone No.:of the expert inquire Facsimile No.: whether the qualifications are correct. If correct, E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : the next question will be relative to the SUBPOENA JUDICIAL merits of Plaintiff(s) the case. In addition, counsel shall furnish the : Court -againstand opposing counsel with a brief statement of the opinion or opinions which counsel expects to : elicit from such expert. : (2) Objections. Any objections to the designation of a Defendant(s) or to an expert's witness : . . . . . . . . . . . . . . .qualifications. . shall . be . submitted with the Joint .................. ....... ... ....... Pretrial Order. J. A list describing the amount and type of damages. Whenever possible, the parties shall stipulate to the amount and type of damages. If the TO parties are unable to agree, then the plaintiff shall state with specificity the amount and category of damages (e.g., doctor and hospital bills $____; GREETINGS: lost wages $____; pain and suffering $____; etc.). The listing of such damages shall not constitute an agreement as to the recoverability of same unless so WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable stated. at the Court THE PEOPLE OF THE STATE OF NEW YORK located at County of K. the list of all exhibits which arein to be noon, and at any recessed A offered in room , on day of , 20 , at o'clock the or adjourned date,intestify and give evidence as a witness in this action on theon this Court's to evidence. Each party shall list part of the exhibit form (or on a form substantially similar) and furnish opposing counsel, for copying and inspection, all exhibits which are to be offered in Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to evidence. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. (1) Objections. Objections to exhibits shall be noted in the Joint Pretrial Order, setting forth Witness, Honorable nature of the objection andone of the Justices of the , the authority the Court in County, day of 20 supporting same. , All exhibits to which there is no objection shall be deemed admitted. Except for good cause shown, the Court will not permit (Attorney must sign unless name below) the introduction of an exhibit above and typeit has been listed in the Pretrial Order. (2) Marking Exhibits. Attorney(s) forobtained from the Markers Clerk shall be attached to all exhibits, and such exhibits delivered to the Clerk immediately prior to the commencement of trial. 5. Office and P.O. Address Counsel are reminded that the action is to be ready for trial at the time of the Pretrial Conference. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: The American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : Pretrial Order shall constitute the final statement SUBPOENA JUDICIAL of the Plaintiff(s) -against: claims to be litigated, shall govern the conduct of the trial, and shall constitute the basis for any : relief afforded by the Court. : However, the Pretrial Order may be amended at any time Defendant(s) : . .by. .the . Court . or . . . . . .motion. . of. . a. .party. .for good cause to avoid . . . . . . . . . . . . . . . . on . . . . . . . . . . . . . . . . . . manifest injustice. THE PEOPLE OF THE STATE OF NEW YORK 6. Failure to comply with the provisions of this Order TO or to attend the Pretrial Conference may result in the following sanctions: (a) dismissal of the action for failure GREETINGS: to prosecute, if such failure occurs on the part of the WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before plaintiff; (b) entry of defaultthe if , the Honorable at judgment Courtsuch failure located at County of of inoccurs on the part day ofthe defendant, or (c) anythe room , on the , 20 , at o'clock in other action recessed noon, and at any or adjourned date, to testify and give evidence as a witness in this action on the part of the as deemed appropriate by the Court. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a S/ SONJA F. BIVINS result of your failure to comply. Witness, Honorable Court in County, SONJA F. BIVINS UNITED STATES MAGISTRATE JUDGE , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. FOR THE PURPOSE OF PREPARING THE JOINT : JUDICIAL SUBPOENA Plaintiff(s) PRETRIAL ORDER, IT IS RECOMMENDED -against: THAT THE FOLLOWING FORMAT BE USED : ________________________________________________ IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF : ALABAMA Defendant(s) : ...................................................... STYLE OF ACTION (Do not use "et al" -- list all remaining Plaintiffs THE PEOPLE OF THE STATE OF NEW YORK Defendants) and TO PRETRIAL ORDER There is no contest as to the jurisdiction of this Court GREETINGS: or as to the correctness of the named defendant(s) or the namedWE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before plaintiff(s). , the Honorable at the Court I. located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and giveSTATEMENT OF THE CASE on the part of the evidence as a witness in this action (See Paragraph 4.A. of Pretrial Order) Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a II. result of your failure to comply. TRIABLE CLAIMS Witness, Honorable , one of the Justices of the Court in day of , 20 A. County, (State the legal claim and defense to be tried, e.g., Title VII, Jones Act, negligence, breach of contract, contributory negligence, etc.) (Attorney must sign above and type name below) 1. LEGAL ELEMENTS OF CLAIM (See paragraph 4.B. of Pretrial Order). Attorney(s) for 2. AGREED FACTS (as to this legal claim) (See Paragraph 4.C. of Pretrial Order). Office and P.O. Address 3. DISPUTED FACTS (as to this legal claim) (See Paragraph 4.D. of Pretrial Order). Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : Plaintiff(s) -against- B. Calendar No. JUDICIAL SUBPOENA : (Statement of second legal claim to be tried) : 1. 2. 3. LEGAL ELEMENTS. AGREED FACTS. DISPUTED FACTS. Defendant(s) : : ...................................................... C. (Third claim) 1. 2. 3. LEGAL ELEMENTS. AGREED FACTS. DISPUTED FACTS. THE PEOPLE OF THE STATE OF NEW YORK TO III. GREETINGS: TRIAL TIME It is estimated that this action will aside, ______ of you to WE COMMAND YOU, that all business and excuses being laid takeyou and each days attend before try, exclusive of jury selection time. The plaintiff expects , the Honorable at the Court to call ____ witnesses, at located and the defendant expects to call County of in_____witnesses. room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the IV. TYPE OF TRIAL Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a JURY NON-JURY result of your failure to comply. Witness, Honorable , one The parties request a jury of __________. of the Justices of the Court in The parties’ proposed voir dire questions are attached. County, day of , 20 V. (Attorney must sign above and type name below) MOTIONS (Identify any pending motions, etc., as for Attorney(s) per Paragraph 4.G. of the Pretrial Order.) VI. Office and P.O. Address DEPOSITIONS Telephone be (List those portions of depositions to No.: used at trial. State any objections. See Paragraph Facsimile No.: 4.H. of the Pretrial E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Order.) Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : VII. : Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .WITNESSES . . . . ............ A. The Plaintiff will or may call the following witnesses: THE PEOPLE OF THE STATE OF NEW YORK TO 1. 2. GREETINGS: 3. Of the named witnesses, and following aside, be called as WE COMMAND YOU, that all businesstheexcuses being laid willyou and each of you attend before experts: , the Honorable at the Court located at County of (a) the (listing qualifications) o'clock in the in room , on day of , 20 , at noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the (b) (listing qualifications) Defendant contests the qualifications of Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to _______________ the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. ____________________________. (State reasons) Witness, Honorable , one of the Justices of the B. The defendant will or may call the following Court in day of , 20 witnesses: County, 1. (Attorney must sign above and type name below) 2. 3. Attorney(s) for Of the above named witnesses, the following will be called as experts: Office and P.O. Address (a) (listing qualifications) (b) (listing qualifications) Telephone No.: Facsimile No.: The plaintiff contests the qualifications of E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : ____________ Plaintiff(s) -against_____________________________. Calendar No. : JUDICIAL SUBPOENA (State : reasons) : VIII. : DAMAGES Defendant(s) : ...................................................... (See Paragraph 4.J. of Pretrial Order) THE PEOPLE OF THE STATE OF NEW YORK IX. EXHIBITS TO (List exhibits numerically on the Court's form with a brief description of each exhibit. GREETINGS: All exhibits shall be marked to correspond with the and excuses being laid aside, youParagraph attend before WE COMMAND YOU, that all business exhibit list. See and each of you , the Honorable at the Court 4.K. located County of of Pretrial Order.)at in room , on the day of , 20 , at o'clock in the noon, and at any recessed X. or adjourned date, to testify and give evidence as a witness in this action on the part of the List names of attorneys in any represented law firm or attach copy of the firm's letterhead. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a TRIAL DATE result of your failure to comply. This action is set for trial on _______. Witness, Honorable Court in County, , one of the Justices of the day of , 20 _________________________________ Attorney for Plaintiff (Attorney must sign above and type name below) _____________________________________ Attorney for Defendant Attorney(s) for APPROVED and SO ORDERED this ___ day of ______, 20_____. Office and P.O. Address Telephone No.: ___________________________ Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. SONJA F.: BIVINS JUDICIAL SUBPOENA UNITED STATES MAGISTRATE JUDGE Plaintiff(s) -against- : : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com