COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : ORD Plaintiff(s)E R -against- Calendar No. : JUDICIAL SUBPOENA : It is ORDERED that, effective March 1, 2002, the following requirements will prevail for : pretrial conferences set before Judge Callie V. S. Granade. : Defendant(s) : . . . . . . . . 1. .Counsel. will .confer. and .will prepare.a single. proposed Pretrial Order, in the form attached, .. ...... ... .... ... ......... ..... ....... which must be filed with the Clerk of Court at least one full week prior to the pretrial conference. THE PEOPLE OF THE STATE OF NEW YORK 2. Counsel will make a genuine effort to stipulate as to the following: TO 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 if already business and excuses of designation you and each of you attend before WE COMMAND YOU, that allmade, and correctnessbeing laid aside,of party as partnership, , the Honorable corporation or individual d/b/a trade name. at the Court GREETINGS: located at County of in room , If the day of 20 , at o'clock question(s) to the court any recessed noon, and at for C.on the above is/are not agreed ,to, counsel will certify the in the or adjourned date, to testify and give evidence as a witness in this action on the part of the resolution at the pretrial conference. 3. At the pretrial conference, counsel will discuss settlement potential with the court. 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 havesubpoena was issued for a maximum penalty of $50 and all damages sustained as a expects that counsel will this conferred prior to the pretrial conference and will have engaged in result of your failure to comply. meaningful settlement discussion. Counsel should be prepared to discuss the status of any settlement Witness, Honorable Court in County, , one of the Justices of the day of , 20 negotiations, including the last settlement proposal made by each party and to each party, and also whether any form of Alternate Dispute Resolution would be beneficial to resolving and type name below) the case prior to (Attorney must sign above trial. 4. The proposed Pretrial Order will contain: Attorney(s) for A. In the caption of the joint pretrial document, a complete listing of all parties, both plaintiff and defendant, who remain in the case as of and date the document is filed. Do Office the P.O. Address not use “et al.”. 1 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : B. A comprehensive written statement of uncontested JUDICIAL SUBPOENA facts, in sufficient form that, if the Plaintiff(s) court elects, it can be read to the jury. -against- : C. 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 : 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 Defendant(s) : . . . . . . . . . . . . . . .statement. of. what .fact. or . . . . .are .in.dispute. that relate to the legal issues (see D below) . . . . . . . . . . . . . . . . facts . . . . . . . . . . . that are to be tried in the case. 1. Whenever an alleged THE PEOPLE OF THE STATE OF NEW YORK breach of contractual obligation is in issue, a statement of the act(s) or omission(s) relied upon by the party or parties asserting such breach. TO GREETINGS: 2. Whenever negligence or wantonness is an issue, a statement of the act(s) or omission(s) relied upon by the party or parties asserting same. 3. Whenever the meaning or interpretation of a contract or other writing is an WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court issue, each party will separately state all facts and circumstances relied upon located aid in the interpretation. at County of which serve to 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 4. Whenever duress, fraud or mistake is an issue, the facts and circumstances relied upon by the parties as constituting the claimed duress or fraud or mistake (see FEDERAL RULE OF CIVIL PROCEDURE 9(b) ) will be specified with Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to particularity. 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. 5. Whenever a conspiracy is charged, the party contending same will set forth the facts and circumstances relied upon as constituting the conspiracy, listing the Witness, Honorable , one of the Justices of the names of all conspirators making up the conspiracy, together with a narrative of Court in County, day of , 20 the testimony of such witnesses in regard to the facts of the conspiracy. D. The triable issue or issues. State the triable issue or issuesabove and type name below) in the context of the facts (Attorney must sign or factual disputes in the case (e.g., whether, if the defendant's vehicle crossed the center line, such constituted negligence; whether, if the defendant failed to deliver the goods by a certain date, this constitutes a breach of the contract; whether the Attorney(s) for defendant's actions in terminating the plaintiff's employment were racially motivated). E. An estimate of the number of trial days required, exclusive of the jury selection time. Office and P.O. Address F. 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, 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : which will be specified. In Plaintiff(s) 48 allowing not fewer than six and not more view of Rule JUDICIAL SUBPOENA than twelve jurors, the parties are to include a statement of their respective (or -against: 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. : (In jury cases, counsel will file with the court, not later than one (1) week prior Defendant(s) : . . . . . . . . . . . . . . . . . . . . . to jury. selection,. copies.of. all .proposed .jury instructions and any special ..... ....... ..... . .. ....... questions for voir dire examination of the jury venire, and will provide to opposing counsel a copy of same. In addition, all motions in limine must be filed with NEW YORK THE PEOPLE OF THE STATE OF the court not later than one (1) week prior to the beginning of trial, except with respect to matters which could not have been anticipated by counsel by such time.) TO G. A list and description of any legal issues or motions pending or contemplated. GREETINGS: H. If a party desires to offer deposition testimony into evidence at the trial, that party will designate only those relevant portions of being laid aside, you wishes read at attend WE COMMAND YOU, that all business and excuses same which the partyand each of youtrial before , the Honorable and advise opposing counsel of same. Opposing counsel will then designate those at the Court located atdeposition which the opposing party wishes to offer in County of relevant portions of such in room , on the day of , 20 , at o'clock in writing noon, and at any recessed evidence. All objections to any such testimony will be madein the and submitted or adjourned date, to testify and give evidence as a witness in this action on the part of the with the joint pretrial document so that the court may consider whether ruling on such 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 Your failure to comply bringthisthe court's attention at the pretrial conference whether any parties should with to subpoena is punishable as a contempt of court and will make you liable to the party on whose behalfrulings by the court will so for a maximum penalty the $50 andongoing specific this subpoena was issued facilitate the conduct of of trial or all damages sustained as a result of your failure to comply. settlement negotiations. Witness, Honorable , one of the Justices of the I. Counsel will list the names and addresses of all witnesses who will or who they Court in County, day of , 20 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.sign above and type name below) With respect to expert (Attorney must witnesses, counsel will 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 to such expert all his qualifications and inquire as to whether same are correct. If correct, the Attorney(s) for next question will relate to the merits of the case. In addition, counsel will furnish the court and opposing counsel with a brief statement of the opinion or opinions which counsel expects to elicit from such expert. Any objections to an expert's qualifications will be separately set forth in the joint pretrialOffice and P.O. Address document. 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : J. Whenever damages are claimed and are ascertainable, the parties will agree as to JUDICIAL SUBPOENA Plaintiff(s) the amount of the ascertainable damages and will so state them. If the parties are -against: unable to agree, then the plaintiff will state with specificity the amount of damages and the category or categories of 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 thereof. The listing of such damages will not constitute an agreement as to the recoverability of same unless so Defendant(s) : . . . . . . . . . . . . . . .stated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... K. Each party will list and provide to counsel for all parties, for copying and inspection, all exhibits which NEW YORK THE PEOPLE OF THE STATE OF are to be offered in evidence. All exhibits to which there are objections will be noted and by whom the objection was made, setting forth the nature of the objection and the authority supporting same. Failure to comply will constitute a TO waiver of any such objection. 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 GREETINGS: obtained from the clerk will be attached to all exhibits, and such exhibits delivered to the clerk YOU, that all business commencement of trial. WE COMMANDimmediately prior to theand 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 CAVEAT: Should a party or counsel fail to appear at the Pretrial Conference and such failure is not otherwise satisfactorily explained to the court, either (a) the cause will stand dismissed for failure 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 judgment will be enteredsustained as a to prosecute, if such failure occurs on the part of the plaintiff; or (b) default of $50 and all damages if result of your failure to comply. such failure occurs on the part of the defendant; or (c) the court may take such other action as it deems Witness, Honorable Court in County, appropriate. , one of the Justices of the day of , 20 The court is conscious of the fact that, where one or more out-of-town attorneys are involved in (Attorney must sign above and type name below) a case, travel to Mobile to attend a pretrial conference may be unduly burdensome and expensive to Attorney(s) for the client. The court recognizes that there are some types of cases (generally those that are not complex, or involve relatively few issues necessary for resolution) where a meaningful pretrial may be Office and P.O. Address conducted by telephone conference call between the attorneys and the court. Therefore, the parties are 4 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. encouraged to discuss among themselves whether they feel they: can adequately conduct the conference JUDICIAL SUBPOENA Plaintiff(s) -against- : 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 so conduct the conference. : Failure to strictly comply with this Order in the form and under the terms contained herein, Defendant(s) : ...................................................... unless previously excused, may result in the offending party being found in civil contempt, and such civil contempt will continue from day to day until compliance with the Order. Failure to comply within a THE PEOPLE OF THE STATE OF NEW YORK period of five (5) days thereafter, and explanation satisfactory to the court not having been given and TO accepted, may result in the cause being dismissed, default judgment being entered, or such other action GREETINGS: taken by the court which it deems under the circumstances to be appropriate. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable Pretrial Order will constitute the final statement of the issues involved, govern the at the Court 5. The located at County of inconduct of the trial, and will constitute the basis for any relief afforded by the court. However, the any recessed room , on the day of , 20 , at o'clock in the noon, and at or adjourned date, to testify and give evidence as a witness in this action on the part of the Pretrial Order may be amended at any time by the court or on motion of a party for good cause to Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to avoid manifest injustice. 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 /s/ Callie V. S. Granade , 20 CHIEF UNITED STATES DISTRICT JUDGE (Attorney must sign above and type name below) Attorney(s) for 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. 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 (List all parties. DO NOT USE “ET AL.”.) TO PRETRIAL ORDER There is no contest as to the jurisdiction of this Court or as to the correctness of the named GREETINGS: defendant(s)COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before WE or the named plaintiff(s). , 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 I. AGREED FACTS 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 subpoenaParagraph 4B of Pretrial Order) (See 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 (Attorney must sign above and type name below) (See Paragraph 4C of Pretrial Order) Attorney(s) for IIA. Office and P.O. Address In contract, fraud, negligence or conspiracy cases, set forth the requirements of Paragraphs 6 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : 4C(1), (2), (3), (4) and/or (5). : Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : : : III. Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TRIABLE. ISSUES . . ........ ....... 1. (Not to be a restatement of the disputed facts but a catalogue of the legal issues such as negligence, contributory negligence, assumption of risk, etc. See paragraph 4D of the Pretrial THE PEOPLE OF THE STATE OF NEW YORK Order.) TO 2. 3. 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 IV. 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 TIME It is estimated that this case will take ______ days to try, exclusive of jury selection time. The plaintiffYour failurecallcomply with this subpoena is punishable as a contempt of court and will make you liable to expects to to ___ witness(es), and the defendant(s) ______. 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, V. day of , one of the Justices of the , 20 TYPE OF TRIAL JURY NON-JURY (Attorney must sign above and type name below) VI. Attorney(s) for MOTIONS State any outstanding motions, etc., as per ParagraphOffice and P.O. Address 4G of the Pretrial Order. 7 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : VII. Plaintiff(s) : JUDICIAL SUBPOENA DEPOSITIONS -against- Calendar No. : : List those portions of depositions to be used at trial. State any objections. (See Paragraph 4H : of the Pretrial Order). Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII. . . . . . . . . .... WITNESSES THE PEOPLE OF THE STATE OF NEW YORK (See paragraph 4 I of the Pretrial Order). TO 1. The Plaintiff will or may call the following witnesses: GREETINGS: A. B. 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 C. 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 Of the named witnesses, the following will be called as experts: A. (listing qualifications) 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 B. (listing qualifications) result of your failure to comply. Defendant contests the qualifications of ______________________________ Witness, Honorable Court in County, , one of the Justices of the day of . , 20 (State reasons) 2. The defendant will or may call the following witnesses: must sign above and type name below) (Attorney A. Attorney(s) for B. C. Office and P.O. Address Of the above-named witnesses, the following will be called as experts: 8 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : A. (listing qualifications) Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : B. (listing qualifications) : The plaintiff contests the qualifications of _____________________________ : . (State reasons) Defendant(s) : ...................................................... IX. THE PEOPLE OF THE STATE OF NEW YORK DAMAGES TO (See Paragraph 4J of Pretrial Order). GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at X. the Court located at County of in room , on the day of , 20 , o'clock in the noon, and at any recessed EXHIBITS at or adjourned date, to testify and give evidence as a witness in this action on the part of the (See Paragraph 4K of the Pretrial Order). Your failure toto list their exhibits numerically on the attached form with a briefand will make you liable to Attorneys are comply with this subpoena is punishable as a contempt of court description of 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. each exhibit. Please mark your exhibits to correspond with the exhibit list. Witness, Honorable Court in County, , one of the Justices of the day of , 20 XI. Attach a list of names of attorneys in any firm or a copy of the firm’s letterhead. name below) (Attorney must sign above and type TRIAL DATE Attorney(s) for This case is set for trial on ______________________________. Office and P.O. Address ________________________________ 9 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) UNITED STATES DISTRICT JUDGE APPROVED: -against- : : : _________________________________ Attorney for Plaintiff Defendant(s) : ...................................................... _________________________________ Attorney for OF THE STATE OF NEW YORK THE PEOPLE Defendant 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 10 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com