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Pretrial Order (Judge Hand) Form. This is a Alabama form and can be use in District Court Federal.
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Tags: Pretrial Order (Judge Hand), Alabama Federal, District Court
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.:
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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.:
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COURT
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:
:
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.:
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COURT
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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.
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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:
:
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.:
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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.:
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COURT
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:
:
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.:
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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
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