COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : O R D E R Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : It is ORDERED that the following special requirements shall : prevail for Pretrials before Judge W. B. Hand’s Court: Defendant(s) : ...................................................... 1. Counsel shall confer and shall prepare a single proposed Pretrial Order in the form attached, which must be in the Court's hands THE PEOPLE OF THE STATE OF NEW YORK at least one full week before the pretrial hearing. A fine of $20.00 TO per day will attach to each counsel for failure so to do. GREETINGS: 2. Counsel shall consider and stipulate as to the following: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court Jurisdiction at located County ofA. in room , on the day of , 20 , at o'clock in the noon, and at any recessed B. or adjourned date,Propriety of parties, correctnesson the identity of legal to testify and give evidence as a witness in this action of part of the entities, necessity for appointment of guardian ad litem, guardian, administrator, etc., and validity of appointment if already made, correctness of designation of party as Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to partnership, corporation or individual d/b/a trade name. 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. C. If the above be not agreed to, counsel shall certify the question to the Court for resolution at the conference. Witness, Honorable Court in County, , one of the Justices of the day of , 20 3. Settlement. Prior to the Conference counsel will discuss settlement potential with the Court. 4. A. (Attorney must sign above and type name below) The proposed Pretrial Order Attorney(s) for shall contain: A comprehensive written statement of uncontested facts to be read to the jury, Office and P.O. Address B. A written statement of contested issues that will explain to 1 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. the Court and/or jury the parties’ disputes, and : JUDICIAL SUBPOENA Plaintiff(s) 1. -against: Whenever an alleged breach of contractual obligation is in issue, a statement of the act or omissions relied : upon by the party or parties asserting such breach. : Whenever the meaning as interpretation of a contract or other writing is in issue, each party shall separately Defendant(s) : . . . . . . . . . . . . . . . . . . . . . state .all .facts. and . circumstances relied upon which ....... .... ...... .... ........ serve to aid in the interpretation. 2. 3. 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)) shall be specified with particularity. THE PEOPLE OF THE STATE OF NEW YORK TO Whenever a conspiracy is charged, the party contending same shall set forth the facts and circumstances relied upon as constituting the being laid aside, listing the names WE COMMAND YOU, that all business and excusesconspiracy, you and each of you attend before of all conspirators making up Court conspiracy, together the , the Honorable at the with a narrative of the testimony of such witnesses in located at County of conspiracy. in room , on theregard of day to the facts ,of the o'clock in the , 20 at noon, and at any recessed GREETINGS: 4. or adjourned date, to testify and give evidence as a witness in this action on the part of the C. The Triable issue or issues. D. An estimate of the number of trial days required. 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 E. A statement indicating whether the case is a jury or nonresult of your failure to comply. Court in jury case. If a jury case, whether the jury trial is applicable to all aspects of the case or only to certain Witness, Honorable , one of the Justices of the issues, which shall be specified. County, day of , 20 In jury cases, counsel shall file with the Court, not later than the beginning of trial, copies of all proposed (Attorney must sign above counsel a copy jury instructions and shall furnish opposing and type name below) of same. In addition to the proposed charges, the parties shall prepare and file a joint jury charge that sets forth the law that governs the case Attorney(s) forthat satisfies the in a form parties and that the Court may read to the jury. F. A list and description of any law or motion matters pending or contemplated. Office and P.O. Address 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : G. Index No. Calendar No. When a deposition is to be offered into evidence, and a : JUDICIAL SUBPOENA Plaintiff(s) party objects, a statement of the portions objected to, and -against: the grounds therefor. : Counsel shall list the names and addresses of all witnesses who shall or may be called and, as to experts, a narrative : statement of his or her qualifications in sufficient form to be read to the jury by the party offering such witnesses. Defendant(s) : . . . . . . . . . . . . . . .Any. . . . . . . . . . . . . . . to. . . . . . experts .shall be separately set forth . . . objections . . the . . . . . . . . . . . . and the issue shall be decided at the Conference. H. I. Whenever damages are claimed and are ascertainable, the parties shall agree as to the amount of the ascertainable damages and shall so state them. No further testimony will be required to substantiate the amount thereof. The listing of such damages shall not constitute an agreement as to the recoverability of same unless so stated. THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: J. Each party shall list all exhibits which are to be admitted. All exhibits to which excuses are objection each of be so WE COMMAND YOU, that all business and there being laid aside, you andshall you attend before , the Honorable designated. All exhibits to which there are objections, at the Court shall be noted and by whom the objection is made, setting located at County of forth theday of nature of , the objection, and the authority in room , on the 20 , at o'clock in the noon, and at any recessed or adjourned date,supporting same. as a witness into complythe part of the to testify and give evidence Failure this action on shall constitute a waiver of any such objection. Markers obtained from the Clerk shall be attached to all exhibits. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to K. Except for good cause shown, the Court will not permit the the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a introduction of any exhibits unless they have been listed in result of your failure to comply. the Pretrial Order, with the exception of exhibits to be used solely for the purpose of impeachment. Witness, Honorable Court in County, 5. CAVEAT: , one of the Justices of the day of , 20 Should a party or his counsel fail to appear at the Pretrial Conference and such failure is (Attorney must sign abovesatisfactorily not otherwise and type name below) explained to the Court, the cause shall: (a) stand dismissed for Attorney(s) for failure to prosecute, if such failure occurs on the part of the plaintiff; or (b) default judgment shall be entered if such failure occurs on the part of the defendant. 3 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. Failure to strictly comply with this :Order in the form and under JUDICIAL SUBPOENA Plaintiff(s) -against: the terms contained herein, unless previously excused, shall result in : the offending party being found in civil contempt, and such civil contempt shall continue from day to day : until compliance with the Defendant(s) : . .Order.. . Failure . to. comply .within. .a .period. of five (5) days thereafter, ....... ......... .. ........ ....... . ....... .. and explanation satisfactory to the Court not having been given and THE PEOPLE OF THE STATE OF NEW YORK accepted, shall result in the cause being dismissed or default judgment TO being entered, whichever is appropriate. 6. GREETINGS: The Pretrial Order when entered may be amended at any time on motion for good causethat all business and excuses being laid aside, you and each of you attend before WE COMMAND YOU, to avoid manifest injustice, and when entered , the Honorable at the Court shall final statement of the issues involved, govern the County of constitute the located at in room , on the day of , 20 , at o'clock in the noon, and at any recessed orconductdate, to testify and give evidence as a witness in this action on basis of the any relief adjourned of the trial, and shall constitute the the part for afforded 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/W. B. HAND result of your failure to comply. Witness, Honorable Court in County, SENIOR UNITED STATES DISTRICT JUDGE W. B. HAND , 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 4 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 : JUDICIAL SUBPOENA 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 CASE THE PEOPLE OF THE STATE OF NEW YORK PRETRIAL ORDER TO There is no contest as to the jurisdiction of this Court or as to the correctness of the named defendant(s) or the named GREETINGS: plaintiff(s). WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , 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 AGREED FACTS or adjourned date, to testify and give evidence as a witness in this action on the part of the (See Paragraph 4.B. 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 1. result of your failure to comply. 2. Witness, Honorable Court in County, 3. , one of the Justices of the day of , 20 II. (Attorney must sign above and type name below) DISPUTED FACTS (See Paragraph 4A of Pretrial Order) Attorney(s) for 1. 2. Office and P.O. Address 3. 5 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : IIA. Plaintiff(s) Calendar No. JUDICIAL SUBPOENA -against: In contract fraud or conspiracy cases set forth the : requirements of Paragraphs 4B(1) (2) (3), and/or (4). : Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III.. . . . . . . . ..... TRIABLE ISSUES THE PEOPLE OF THE STATE OF NEW YORK 1. TO (Not to be a restatement of the disputed facts but a catalogue of the legal issues such as negligence, contributory negligence, assumption or risk, etc.) 2. 3. GREETINGS: IV. 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 TRIAL TIME County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed It is estimated evidence as a witness in will take part of the or adjourned date, to testify and give that this case this action on the _________ days to try. V. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to TYPE OF TRIAL 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. JURY Witness, Honorable Court in County, day of NON-JURY , one of the Justices of the VI. , 20 MOTIONS (Attorney must sign above and type name F. State any outstanding motions, etc. as per Paragraphbelow) of the Pretrial Order. Attorney(s) for VII. DEPOSITIONS Office and P.O. Address List those portions of depositions to be used at trial. 6 State Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : any objections. Calendar No. (See Paragraph G of the Pretrial Order). : JUDICIAL SUBPOENA Plaintiff(s) -against- VIII. : WITNESSES 1. Index No. : : The plaintiff expects to call the following witnesses: Defendant(s) : . . . . . . . . . . . . . . .A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. B. THE PEOPLE OF THE STATE OF NEW YORK C. TO Of the named witnesses, the following will be called as experts: GREETINGS: A. (listing qualifications) WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before (listing qualifications) , the Honorable B. at the Court located at County of in room Defendant contests the qualifications of in the , on the day of , 20 , at o'clock 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. (State reasons) The defendant will or may call the following witnesses: 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 A. result of your failure to comply. B. Witness, Honorable Court in C. County, , one of the Justices of the day of , 20 Of the above-named witnesses, the following will be called as (Attorney must sign above and type name below) experts: A. (listing qualifications) Attorney(s) for B. (listing qualifications) The plaintiff contests the qualifications Address Office and P.O. of _______________________________________. 7 (State reasons) Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : IX. Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA -against: (See Paragraph G of Pretrial Order) X. : EXHIBITS : Defendant(s) : . . . . . . . . Attorneys. .are . to . list. . their. . exhibits numerically on the ............ .... ... ..... ...... ........ attached list with a brief description of each exhibit. Please mark THE PEOPLE OF THE STATE OF NEW YORK your exhibits to correspond with the exhibit list. TO XI. Voir dire questions to be asked of the jury for: GREETINGS: The Plaintiff: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before The , the Honorable Defendant: (May be attached on separate paper) at the Court located at County of XII. , at in room , on the day of , 20 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 Attach list of names of attorneys in any firm or copy of the 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 case is set for trial on . Witness, Honorable , one of the Justices of the Court in ORDERED County, ________ day of20 day of , ___________________ , 20___. this (Attorney must sign above and type name below) ___________________________________ SENIOR UNITED STATES DISTRICT JUDGE Attorney(s) for APPROVED: ______________________ Attorney for Plaintiff Office and P.O. Address ______________________ Attorney for Defendant Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: 8 American LegalNet, Inc. www.USCourtForms.com