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Pretrial Order (Judge Cassady) Form. This is a Alabama form and can be use in District Court Federal.
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Tags: Pretrial Order (Judge Cassady), Alabama Federal, District Court
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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.
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C. A statement of the agreed facts specifically related JUDICIAL SUBPOENA
to the claim.
Plaintiff(s)
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:
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
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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.
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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-
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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)
:
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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
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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).
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I.
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STATEMENT OF THE CASE
Defendant(s)
:
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(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
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III.
Plaintiff(s)
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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)
:
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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.:
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1.
2.
Plaintiff(s)
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JUDICIAL SUBPOENA
:
:
3.
:
Of the named witnesses, the following will be called as experts:
Defendant(s)
:
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(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
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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.
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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