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 before Magistrate Judge William E. Cassady. Defendant(s) : ...................................................... 1. Counsel shall confer and shall prepare a single proposed Pretrial Order in the form attached, which must OF THE STATE OF of Court at least five (5) days before the pretrial conference. THE PEOPLEbe filed with the ClerkNEW YORK TO 2. Counsel shall make a good faith effort to stipulate as to the following: A. Jurisdiction; and GREETINGS: B. Propriety of parties, correctness of identity of legal entities, necessity for appointment of that all business and excuses being laid aside, and validity of WE COMMAND YOU,guardian ad litem, guardian, administrator, etc.,you and each of you attend before , the Honorable appointment if already made, and correctness of designation of party as partnership, at the Court located at d/b/a trade name. County of corporation or individual 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 C. If there is a dispute regarding A. or B. above, counsel shall certify the question to the Court for resolution at the conference. Your failure to complycounsel shall discuss settlement potential with the Court.and will make you liable to 3. At the conference, with this subpoena is punishable as a contempt of court Counsel shall 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. confer and engage in meaningful settlement discussion prior to the pretrial conference, and then be Witness, Honorable Court in County, , one of the Justices of the prepared to discuss the status of any settlement negotiations, and whether any method of Alternative day of , 20 Dispute Resolution would be beneficial to resolving the action prior to trial. 4. The proposed Pretrial Order shall contain: (Attorney must sign above and type name below) A. A brief but comprehensive written statement of the action, in sufficient form that if Attorney(s) for the Court elects to do so, it can be read to the jury (e.g., “This is a Title VII action (a Jones Act action; a negligence action; etc.). The plaintiff claims that _____. The defendant claims that _____.”) Office and P.O. Address B. For each claim asserted, a listing of the legal elements of each claim derived from the pattern jury instructions or applicable and Telephone No.: law interpreting the claim. controlling case Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : C. A statement of the agreed facts specifically related JUDICIAL SUBPOENA to the claim. Plaintiff(s) -against- : D. A statement of the disputed facts specifically related to the claim.1 : E. An estimate of the number of trial days required, and a statement of the number of : witnesses reasonably expected to testify on behalf of each party. Defendant(s) : . . . . . . . . . . . . . . .F.. . . . . . . . . . . .indicating. whether. the. action .is . jury or non-jury action. If a jury . A statement . . . . . . . . . . . . . . . . . . . . . a action, whether the jury trial is applicable to all aspects of the dispute or only to certain issues, which shall be specified. THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: (1) Jury Size. In view of Fed.R.Civ.P. 48, which allows not fewer 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 regard to the number of jurors they request be selected. If the parties are unable to agree, the Court will cause a jury of eight (8) to be selected. (1) Voir Dire Questions. Proposed voir dire questions and objections thereto WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the shall be included in the Joint Pretrial Order. Court party shall be limited to Each located at County of twenty-five (25) questions. Lawyer voir dire will be permitted using courtin room , on theapproved questions from,the lists,submitted.o'clock in the 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 (2) 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 Your failure to comply with this separate instructions designated accordingly (“Plaintiff’s parties may file subpoena is punishable as a contempt of court and will make you liable to the party on whose behalfproposed jury instruction number _____;” penalty of $50 and all damages sustained as a this subpoena was issued for a maximum etc.) result of your failure to comply. G. A list and description of any legal issues or motions (including motions in limine) Witness, Honorable pending or contemplated. Court in County, day of , one of the Justices of the , 20 H. A list designating those relevant portions of depositions which any party wishes read at trial. All objections to any such testimony shall be madesignwriting and submitted with in above and type name below) (Attorney must the Joint Pretrial Order. The parties should bring to the Court's attention at the pretrial conference whether any specific rulings by the Court will facilitate the conduct of the trial or ongoing settlement negotiations. Attorney(s) for 1 It is not necessary for the parties to set forth every possible variation of every factual dispute Office and P.O. Address involved in the 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, specifically related to the legal claims that are to be litigated. 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : I. A list of the names and addresses of all witnesses who are expected to testify at the JUDICIAL SUBPOENA Plaintiff(s) trial. Witness lists shall be kept to a reasonable minimum; additional witnesses may be -against: added only for good cause shown and on written motion. : (1) Expert Witnesses. With respect to expert witnesses, counsel shall furnish : the Court and 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 Defendant(s) : . . . . . . . . . . . . . . .qualifications. and .inquire .of. the.expert . . . . . . . .the qualifications are correct. If correct, . . . . . . . . . . . . . . . . . . . . . . . . . . whether the next question will be relative to the merits of the case. In addition, counsel shall furnish the Court and opposing counsel with a brief statement of the opinion or opinions which counsel expects to elicit from such expert. THE PEOPLE OF THE STATE OF NEW YORK (2) Objections. Any objections to the designation of a witness or to an expert's qualifications shall be submitted with the Joint Pretrial Order. TO 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 parties are unable to agree, then the plaintiff shall state with and excuses being laid aside, you and damages (e.g., WE COMMAND YOU, that all businessspecificity the amount and category of each of you attend before , the Honorable doctor and hospital bills $____; lost wages $____; pain and suffering $____; etc.). at the Court located at shall not constitute an agreement as to the recoverability of County of The listing of such damages in room , on unless so stated. day of , 20 , at o'clock in the noon, and at any recessed samethe GREETINGS: or adjourned date, to testify and give evidence as a witness in this action on the part of the K. A list of all exhibits which are to be offered in evidence. Each party shall list on this Court's exhibit form (or on a form substantially similar) and furnish opposing counsel, Your failurecopying and inspection, all exhibits which are to contempt of court and will make you liable to for to comply with this subpoena is punishable as a be offered in 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 the nature of the objection and the authority supporting same. All Witness, Honorable , one of the Justices of the exhibits to which there is no objection shall be deemed admitted. Except for Court in County, day of , 20 good cause shown, the Court will not permit the introduction of an exhibit unless it has been listed in the Pretrial Order. (Attorney must sign above and type name below) (2) Marking Exhibits. Markers obtained from the Clerk shall be attached to all exhibits, and such exhibits delivered to the Clerk immediately prior to the commencement of trial. Attorney(s) for 5. Counsel are reminded that the action is to be ready for trial at the time of the Pretrial Conference. The Pretrial Order shall constitute the final statement of the claims to be litigated, shall Office and P.O. Address govern the conduct of the trial, and shall constitute the basis for any relief afforded by the Court. 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : However, the Pretrial Order may be amended at any time by the Court or on motion SUBPOENA JUDICIAL of a party for Plaintiff(s) -against- : good cause to avoid manifest injustice. : 6. Failure to comply with the provisions of this Order or to attend the Pretrial Conference may : result in the following sanctions: (a) dismissal of the action for failure to prosecute, if such failure occurs Defendant(s) : ...................................................... on the part of the plaintiff; (b) entry of default judgment if such failure occurs on the part of the defendant, or (c) any STATE OF NEW YORK THE PEOPLE OF THEother action as deemed appropriate by the Court. TO GREETINGS: WILLIAM E. CASSADY UNITED STATES MAGISTRATE JUDGE 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 FOR THE PURPOSE OF PREPARING THE JOINT PRETRIAL ORDER, IT IS RECOMMENDED THAT THE FOLLOWING FORMAT BE USED 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 , one of the Justices of the IN THE UNITED STATES DISTRICT COURT FOR THE Court in County, day of , 20 SOUTHERN DISTRICT OF ALABAMA (Attorney must sign above and type name below) STYLE OF ACTION Attorney(s) for (Do not use "et al" -- list all remaining Plaintiffs and Defendants) PRETRIAL ORDER Office and P.O. Address 4 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. There is no contest as to the jurisdiction of this Court or: as to the correctness SUBPOENA JUDICIAL of the named Plaintiff(s) defendant(s) or the named plaintiff(s). -against- : : I. : STATEMENT OF THE CASE Defendant(s) : ...................................................... (See Paragraph 4.A. of Pretrial Order) THE PEOPLE OF THE STATE OF NEW YORK II. TO TRIABLE CLAIMS GREETINGS: A. (State the legal claim and defense to be tried, e.g., Title VII, Jones Act, WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at negligence, etc.)Court negligence, breach of contract, contributorythe located at County of in room , on the1. LEGAL ELEMENTS 20 CLAIM (Seeo'clock in the ofnoon, and at any recessed day of , OF , at paragraph 4.B. Pretrial Order). or adjourned date, to testify and give evidence as a witness in this action on the part of the 2. AGREED FACTS (as to this legal claim) (See Paragraph 4.C. 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 behalf3. DISPUTEDwas issued for a maximum penalty ofParagraph damages sustained as a this subpoena FACTS (as to this legal claim) (See $50 and all result of your failure to comply. 4.D. of Pretrial Order). Witness, Honorable B. (Statement of second legal claim to be tried) Court in County, day of , 20 1. LEGAL ELEMENTS. 2. AGREED FACTS. 3. DISPUTED FACTS. , one of the Justices of the (Attorney must sign above and type name below) C. (Third claim) Attorney(s) for 1. LEGAL ELEMENTS. 2. AGREED FACTS. 3. DISPUTED FACTS. Office and P.O. Address 5 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : III. Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : TRIAL TIME : It is estimated that this action will take ______ days to try, exclusive of jury selection time. The : plaintiff expects to call ____ witnesses, and the defendant expects to call _____witnesses. Defendant(s) : ...................................................... IV. TYPE THE PEOPLE OF THE STATE OF NEW YORK OF TRIAL JURY TO NON-JURY The parties request a jury of __________. The parties’ proposed voir dire questions are attached. 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 V. 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 MOTIONS (Identify any pending motions, etc., as per Paragraph 4.G. of the 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, day of , one of the Justices of the VI. , 20 DEPOSITIONS (Attorney must sign above and type name below) (List those portions of depositions to be used at trial. State any objections. See Paragraph 4.H. of the Pretrial Order.) Attorney(s) for VII. WITNESSES Office and P.O. Address A. The Plaintiff will or may call the following witnesses: 6 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : 1. 2. Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : 3. : Of the named witnesses, the following will be called as experts: Defendant(s) : ...................................................... (a) (listing qualifications) (b) (listing qualifications) THE PEOPLE OF THE STATE OF NEW YORK Defendant contests the qualifications of _______________ TO ____________________________. (State reasons) GREETINGS: B. The defendant will or may call the following witnesses: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable 1. at the Court located at County of in room , day of , 20 , at o'clock in the noon, and at any recessed 2.on the or adjourned date, to testify and give evidence as a witness in this action on the part of the 3. Your failure to comply with this the following will be called as experts:of court and will make you liable to Of the above named witnesses, subpoena is punishable as a contempt 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. (a) (listing qualifications) Witness, Honorable (b) (listing qualifications) Court in County, day of , one of the Justices of the , 20 The plaintiff contests the qualifications of ____________ _____________________________. (State reasons) VIII. (Attorney must sign above and type name below) Attorney(s) for DAMAGES Office and P.O. Address (See Paragraph 4.J. of Pretrial Order) 7 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- IX. Calendar No. : JUDICIAL SUBPOENA : : EXHIBITS : (List exhibits numerically on the Court's form with a brief description of each exhibit. All Defendant(s) : ...................................................... exhibits shall be marked to correspond with the exhibit list. See Paragraph 4.K. of Pretrial Order.) THE PEOPLE OF THE STATE OF NEW YORK X. TO List names of attorneys in any represented law firm or attach copy of the firm's letterhead. GREETINGS: TRIAL excuses WE COMMAND YOU, that all business and DATE being laid aside, you and each of you attend before , the Honorable at the Court located at County ofThis action is set for trial on ______________________________. 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. Attorney for Plaintiff Witness, Honorable Court in County, , one of the Justices of the day of , 20 ___________________________________________ Attorney for Defendant (Attorney must sign above and type name below) Attorney(s) for APPROVED and SO ORDERED this _______ day of ____________________, 20_____. Office and P.O. Address _________________________________________ 8 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : UNITED STATESJUDICIAL SUBPOENA 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 9 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com