COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : ORDER Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : It is ORDERED that effective April 1, 1995 the following special requirements shall prevail for pretrials set before Judge Charles R. Butler, Jr. : 1. Counsel shall confer and Defendant(s) a single proposed Pretrial Order in the form shall prepare : ...................................................... attached, which must be filed with the Clerk of Court by 5:00 p.m. on Wednesday, one week prior to pretrial. THE PEOPLE OF THE STATE OF NEW YORK 2. TO Counsel shall make a genuine effort to stipulate as to the following: A. Jurisdiction B. Propriety of parties, correctness of identity of legal entities, necessity for appointment of guardian ad litem, guardian, administrator etc., and validity of appointment GREETINGS: if already made, and correctness of designation of party as partnership, corporation or individual d/b/a that name. WE COMMAND YOU, tradeall business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at agreed to, counsel shall certify the question to the Court for County of C. If the above be not in room , on the at the conference. day of , 20 , at o'clock in the noon, and at any recessed resolution or adjourned date, to testify and give evidence as a witness in this action on the part of the 3. Settlement. At the Conference counsel will discuss settlement potential with the Court. The Court expects that counsel will have conferred prior to the pretrial conference and will have engaged Your settlement discussion. Counsel should be prepared a discuss the court of will make you in meaningful failure to comply with this subpoena is punishable as tocontempt of status andany settlement liable to the party on whose behalf this subpoena was issued made maximum penalty of $50 and all damages sustained as a negotiations, including the last settlement proposal for a by you and to you; and also whether any form of result of your failure to comply. Alternate Dispute Resolution would be beneficial to resolving the case prior to trial. Witness, Honorable The proposed Pretrial Order shall contain: Court in County, day of , 20 4. , one of the Justices of the A. A comprehensive written statement of uncontested facts, in sufficient form that if the Court elects to do so, it can be read to the jury. must sign above and type name below) (Attorney B. A written statement of contested facts that will explain to the Court the nature of the parties’ disputes. It is not necessary for the parties to set forth every possible variation Attorney(s) for of every factual dispute involved in the case for fear that they may waive the presentation of some evidence at trial. What the Court is interested in is a concise statement of what fact or facts are in dispute that relate to the legal issues (see C below) that are to be tried in the case. Office and P.O. Address 1. Whenever an alleged breach of contractual obligation is in issue, a statement of the act(s) or omission(s) relied uponNo.: party or parties asserting Telephone by the Facsimile No.: such breach. E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : 2. Whenever negligence or wantonness isJUDICIAL SUBPOENA an issue, a statement of the act(s) Plaintiff(s) or omission(s) relied upon by the party or parties asserting same. -against- : 3. Whenever the meaning or interpretation of a contract or other writing is in : issue, each party shall separately state all facts and circumstances relied upon which serve to aid in the interpretation. : Defendant(s) : . . . . . . . . . . . . . . . . . . . . . 4. . . . . .Whenever .duress,.fraud . . .mistake is an issue, the facts and circumstances .. . . . . . . . . . . . . . . . . . or . . . . relied upon by the parties as constituting the claimed duress or fraud or mistake (see Federal Rule of Civil Procedures 9(b)) shall be specified with particularity. THE PEOPLE OF THE STATE OF NEW YORK 5. Whenever a conspiracy is charged the party contending same shall set forth the facts and circumstances relied upon as constituting the conspiracy, listing the names of all conspirators making up the conspiracy, together with a narrative of the testimony of such witnesses in regard to the facts of the conspiracy. TO GREETINGS: C. The triable issue or issues. State the triable issue or issues in the context of the facts or factual disputes inYOU, that all business andthe defendant’slaid aside, you and each of you attend before WE COMMAND the case (e.g., whether, if excuses being vehicle crossed the center line, such , the Honorable at the Court constituted negligence; whether, if the defendant failed to deliver the goods by a certain date, this located at County ofconstitutes a breach of the contract; whether the defendant’s actions in terminating the plaintiff’s in room employment were racially motivated). , 20 , on the day of , 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 D. Rule 16(d) requires the parties to “formulate a plan for trial, including a program for facilitating the admission of evidence”, so that the Court may consider “an order establishing a Your failurelimit on the time allowed for presenting evidence”contempt(15)). Therefore the parties liable to reasonable to comply with this subpoena is punishable as a (R.l6(c) of court and will make you the party on whose behalf this subpoena was not only anaestimate of penalty of $50 trial days required, but should include in the pretrial order, issued for maximum the number of and all damages sustained as a result of your failure to comply. also a statement of the number of witnesses they reasonably expect to testify on behalf of each party. (See 4(H) below). Witness, Honorable Court in County, , one of the Justices of the day of , 20 E. A statement indicating whether the case is a jury or non-jury case. If a jury case, whether the jury trial is applicable to all aspects of the case or only to certain issues, which shall be specified. In view of Rule 48 allowing not fewer than six and not more thantype namejurors, the twelve below) (Attorney must sign above and parties are to include a statement of their respective (or collective if they can agree) positions with regard to the number of jurors they request be selected to sit in this case. If the parties are unable to agree, the Court will cause a jury of eight to be selected. Attorney(s) for (In jury cases, counsel shall file with the Court, not later than one week prior to the beginning of civil jury term in which the case is set, copies of all proposed jury instructions Office and P.O. Address and any special questions for voir dire examination of the jury venire, and shall furnish opposing counsel a copy of same. In addition, all motions in limine must be filed with the Court not later than one(l) week prior to theTelephone No.: except with respect to beginning of trial, Facsimile No.: matters which could not have been anticipated by counsel by such time.) E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : F. Index No. Calendar No. : A list and description of any legal issues or motions pending or contemplated. JUDICIAL SUBPOENA Plaintiff(s) -against- : G. If a party desires to offer deposition testimony into evidence at the trial, he shall designate only those relevant portions of same which he wishes read at trial and advise opposing counsel of : same. Opposing counsel shall then designate those relevant portions of such deposition which he wishes to offer in evidence. All objections to any such: testimony shall be made in writing and submitted with the Joint Pretrial Document so that the Court may consider whether ruling on such Defendant(s) : . . . . . . . . objections. .will. facilitate .either. the. .conduct . of .the . trial or result in the disposition of certain ........ .. ....... .... .. ...... .. .. ... evidentiary matters that may assist continuing settlement negotiations. The parties should bring to the Court’s attention at the pretrial conference whether any specific rulings by the Court will so facilitate THE STATE the trial YORK THE PEOPLE OF the conduct ofOF NEWor ongoing settlement negotiations. H. Counsel shall list the names and addresses of all witnesses who shall or who they reasonably expect will be called to testify at the trial. It is the desire of the Court that such witness lists be kept to a reasonable minimum and additional witnesses may be added, only for good cause shown and on written motion. With respect to expert witnesses, counsel shall furnish the Court and GREETINGS: opposing counsel with a curriculum vitae of such experts. When an expert witness is called to the stand, counsel will read to such expert and excuses being and inquire as to each of same are WE COMMAND YOU, that all businessall his qualificationslaid aside, you and whether you attend before , the Honorable Court correct. If correct, the next question willat the be relative to the merits of the case. In addition, counsel located at County ofshall furnish the Court and opposing counsel with a brief statement of the opinion or opinions which in room counsel expects to elicit from such expert. Any objections to an expert’s qualifications shall be , 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 separately set forth in the Joint Pretrial Document. TO I. Whenever damages are claimed and are ascertainable, the parties shall agree as to the Your failure toascertainable damages and shall so state them. If the parties are unablewill makethen liable to amount of the comply with this subpoena is punishable as a contempt of court and to agree, you the party on whose behalf this subpoena was issued for a maximum penalty the $50 and all damages sustained as a the plaintiff shall state with specificity the amount of damages and of category or categories of result of your failure to comply. damages (e.g., doctor and hospital bills $___, lost wages $_____, pain and suffering $____). If the damages are agreed upon, then no further testimony will be required to substantiate the amount Witness, Honorable , one of the Justices of the thereof. The listing of such damages shall not constitute an agreement as to the recoverability of Court in County, day of , 20 same unless so stated. J. Each party shall list and furnish counsel for all parties,sign above and type name below) for copying and inspection, (Attorney must all exhibits which are to be offered in evidence. All exhibits to which there are objections shall be noted and by whom the objection was made, setting forth the nature of the objection and the authority supporting same. Failure to comply shall constitute a waiver of any such objection. All Attorney(s) for exhibits to which there is no objection shall be deemed admitted. Except for good cause shown, the Court will not permit the introduction of any exhibits unless they have been listed in the Pretrial Order, with the exception of exhibits to be used solely for the purpose of impeachment. Markers obtained from the Clerk shall be attached to all exhibits, andand P.O. Address Office such exhibits delivered to the Clerk immediately prior to the commencement of trial. CAVEAT: Should a party or his counsel fail to appear at the Pretrial Conference and such Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : failure is not otherwise satisfactorily explained to the Court, the cause shall: (a) stand dismissed for failure JUDICIAL SUBPOENA Plaintiff(s) -againstto prosecute, if such failure occurs on the part of the plaintiff; (b): default judgment shall be entered if such failure occurs on the part of the defendant, or (c) the Court may take such other action as it deems : appropriate. : The Court is conscious of the fact that where one or more out of town attorneys are involved in a Defendant(s) : ...................................................... case, travel to Mobile to attend a pretrial conference may be unduly burdensome and expensive to the client. The Court recognizes that there are some types of cases (generally those that are not complex, or THE PEOPLE OF THE issues necessary for resolution) where a meaningful pretrial may be conducted by involve relatively few STATE OF NEW YORK telephone conference call between the attorneys and the Court. Therefore, the parties are encouraged to TO discuss among themselves whether they feel they can adequately conduct the conference by telephone, and then to confer with the Court prior to the date set for the pretrial conference to see if it can be agreed to GREETINGS: so conduct the conference. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable to strictly comply with this Order in the form and under the terms contained herein, unless at Court Failure located at County of in the inpreviously excused, may result day ofoffending party being found in civil contempt, and such civil contempt room , on the , 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 shall continue from day to day until compliance with the Order. Failure to comply within a period of five (5) days thereafter, and explanation satisfactory to the Court not having been given and accepted, may result inYourcause being dismissed or default judgment being entered, or suchof court and will make you liable to the failure to comply with this subpoena is punishable as a contempt other action taken by the the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result ofwhichfailure to comply. circumstances to be appropriate. Court your it deems under the 5. The Pretrial Order shall constitute the final statement of the issues involved, govern the Witness, Honorable , one of the Justices of the Court in of the trial, and shall constitute the basis for any 20 afforded by the Court. However, the Pretrial County, day of , relief conduct Order may be amended at any time by the Court or on motion of a party for good cause to avoid manifest injustice. (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 PURPOSES OF YOUR PREPARATION OF SUBPOENA JUDICIAL Plaintiff(s) SUGGESTED PRETRIAL ORDERS, IT IS RECOMMENDED -against: THAT YOU FOLLOW THE FOLLOWING FORMAT : : IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA Defendant(s) : ...................................................... STYLE OF OF THE THE PEOPLECASE STATE OF NEW YORK TO PRETRIAL ORDER There is no contest as to the jurisdiction of this Court or as to the correctness of the named defendant(s) or the named plaintiff(s). 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 I. 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 AGREED FACTS (See Paragraph 4A 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 result of your failure to comply. Witness, Honorable Court in County, II. day of , one of the Justices of the , 20 DISPUTED FACTS (See Paragraph 4B of Pretrial Order) sign above and type name below) (Attorney must Attorney(s) for IIA. In contract, fraud, negligence or conspiracy cases, setOffice and P.O. Address Paragraphs 4B(1) forth the requirements of (2) (3), and/or (4). Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : Plaintiff(s) III. -against- Calendar No. JUDICIAL SUBPOENA : TRIABLE ISSUES : 1. : (Not to be a restatement of the disputed facts but a catalogue of the legal issues such as negligence, Defendant(s) contributory negligence, assumption of risk, etc.) : ...................................................... 2. THE PEOPLE OF THE STATE OF NEW YORK 3. TO IV. GREETINGS: TRIAL TIME WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court It is estimated that this case will take ______ days to try, exclusive of jury selection time. The located at County of inplaintiff expects to call ___ witness(es), and the defendant(s) _____. 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 V. 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. TYPE OF TRIAL Witness, Honorable Court in County, JURY day of NON-JURY , one of the Justices of the , 20 VI. (Attorney must sign above and type name below) MOTIONS Attorney(s) for State any outstanding motions, etc., as per Paragraph 4F of the Pretrial Order. Office and P.O. Address VII. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DEPOS IT IONS American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA List those portions of depositions to be used at trial. State any objections. (See Paragraph 4G of -against: the Pretrial Order). : VIII. : WITNESSES Defendant(s) : ...................................................... 1. The Plaintiff will or may call the following witnesses: A. THE PEOPLE OF THE STATE OF NEW YORK B. TO C. GREETINGS: Of the named witnesses, the following will be called as experts: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable A. at the Court (listing qualifications) located at County of in room , , 20 , at o'clock in the noon, and at any recessed B.on the(listingday of qualifications) or adjourned date, to testify and give evidence as a witness in this action on the part of the 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 _______________________________. (State reasons) 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. 2. The defendant will or may call the following witnesses: Witness, Honorable A. Court in County, , one of the Justices of the day of , 20 B. (Attorney must sign above and type name below) C. Of the above named witnesses, the following will be called as experts: Attorney(s) for A. (listing qualifications) B. (listing qualifications) Office and P.O. Address The plaintiff contests the qualifications of Telephone No.: Facsimile No.: _______________________________. (State reasons) E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : IX. Plaintiff(s) -against- DAMAGES Calendar No. JUDICIAL SUBPOENA : : (See Paragraph 4 I of Pretrial Order) : Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X. . . . . . . . . . .. EXHIBITS THE PEOPLE OF THE STATE OF NEW YORK TO Attorneys are to list their exhibits numerically on the attached list with a brief description of each exhibit. Please mark your exhibits to correspond with the exhibit list. GREETINGS: XI. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable list of names of attorneys in any firm or copy of the letterhead. at the Court Attach 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 TRIAL DATE This case is set for trial on __________________________________________________. 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 CHIEF DISTRICT JUDGE , 20 APPROVED: (Attorney must sign above and type name below) Attorney for Plaintiff Attorney(s) for Office and P.O. Address Attorney for Defendant Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com