INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF FINAL PRETRIAL ORDER Counsel are directed to meet in advance of the final pretrial conference and jointly develop the contents of the proposed Final Pretrial Order which shall be presented for the court's approval no later than five days before the final pretrial conference. Electronic filers must follow ELECTRONIC CASE FILING PROCEDURES FOR THE DISTRICT OF COLORADO (CIVIL CASES)§ V.L. concerning submission of proposed orders. Also, attention is directed to Fed. R. Civ. P. 16(d) (“The conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties.”). Listed on the following pages are matters to be included in the Final Pretrial Order. For convenience of the court and counsel, the prescribed sequence and terminology should be used in the preparation of the Final Pretrial Order. The bracketed and italicized information on the form explains what the court expects. The form for the Final Pretrial Order can be copied, printed, or downloaded from the court’s web site, www.cod.uscourts.gov. The form is pages four through six of my Practice Standards — Civil posted on the web site. Click first on the “United States District Court” button and then on the “Judges’ Information” button to navigate to these trial procedures. A computerized version of the form (in WordPerfect version 9) can be obtained by delivering a 3½" diskette to my secretary or courtroom deputy clerk and asking for a copy of the form. The Final Pretrial Order shall be double-spaced in accordance with D.C.COLO.LCivR 10.1E, even though the instructions in the following format for the proposed Final Pretrial Order are single-spaced. Please note also that the attached form is customized for proceedings before me, since the magistrate judges are not involved in final pretrial conferences in cases assigned to me. Be careful to use this form, getting an electronic copy from my staff or the web site. rev. September 27, 2006 -3- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Civil Action No. @, Plaintiff, v. @, Defendant. FINAL PRETRIAL ORDER 1. DATE OF CONFERENCE 2. JURISDICTION [Provide a statement of the basis for subject matter jurisdiction with appropriate statutory citations. If jurisdiction is denied, give the specific reason for the denial.] 3. CLAIMS AND DEFENSES [Summarize the claims and defenses of all parties, including the respective versions of the facts and legal theories. Do not copy the pleadings. Identify the specific relief sought. Eliminate claims and defenses which are unnecessary, unsupported, or no longer asserted.] 4. STIPULATIONS [Set forth all stipulations concerning facts, evidence, and the applicability of statutes, regulations, rules, ordinances, etc.] 5. PENDING MOTIONS [List any pending motion to be decided before trial, giving the filing date and the filing date of any briefs in support or opposition. Include any motions on which the court has expressly postponed ruling until trial on the merits. If there are no pending motions, please state, “None.”] rev. September 27, 2006 -4- 6. WITNESSES a. Non-Expert Witnesses [List the non-expert witnesses to be called by each party. List separately:] (1) witnesses who will be present at trial (see Fed. R. Civ. P. 26[a][3][A]) (2) witnesses who may be present at trial if the need arises (see Fed. R. Civ. P.26[a][3][A]) b. Expert Witnesses [List the expert witnesses to be called by each party. List separately:] (1) witnesses who will be present at trial (see Fed. R. Civ. P. 26[a][3][A]) (2) witnesses who may be present at trial if the need arises (see Fed. R. Civ. P.26[a][3][A]) [ADDITIONAL INSTRUCTION: With each witness's name, set forth (1) the witness’s address and telephone number and (2) whether he or she is currently expected to testify in person or by deposition.] 7. EXHIBITS a. List of Exhibits [List the exhibits to be offered by each party. This list should be specific enough so that other parties and the court can understand, merely by referring to the list, each separate exhibit which will be offered. General references such as “all deposition exhibits” or “all documents produced during discovery” are unacceptable. If desired, the exhibit list form at the end of these materials may be used. The form is available from the court’s web site at the same location as this Final Pretrial Order form.] (1) Plaintiff(s): (2) Defendant(s): (3) Other parties: [The following paragraph shall be included in the Final Pretrial Order:] b. Copies of listed exhibits must be provided to opposing counsel no later than five days after the Final Pretrial Conference. The objections contemplated by Fed. R. Civ. P. 26(a)(3) shall be filed with the clerk and served (by electronic means, hand delivery or facsimile) no later than eleven days after the exhibits are provided. 8. DISCOVERY [Use the following language:] Discovery has been completed. [Unless otherwise ordered, upon a showing of good cause in an appropriate motion, there will be no discovery after entry of the Final Pretrial Order.] 9. SPECIAL ISSUES rev. September 27, 2006 -5- [List any unusual issues of law which the court may wish to consider prior to trial. If none, please state, “None.”] 10. EFFECT OF FINAL PRETRIAL ORDER [The following paragraph shall be included in the Final Pretrial Order:] Hereafter, this Final Pretrial Order will control the subsequent course of this action and the trial, and may not be amended except by consent of the parties and approval by the court or by order of the court to prevent manifest injustice. The pleadings will be deemed merged herein. This Final Pretrial Order supersedes the Preliminary Pretrial Order and the Scheduling Order. In the event of ambiguity in any provision of this Final Pretrial Order, reference may be made to the record of the pretrial conference to the extent reported by stenographic notes and to the pleadings. 11. TRIAL AND ESTIMATED TRIAL TIME; TRIAL PREPARATION CONFERENCE a. State (1) whether trial is to the court or a jury, (2) estimated trial time, (3) situs of trial, and (4) any other orders pertinent thereto. b. .1 Trial Date: c. Trial Preparation Conference Date and Time: . At the trial preparation conference, counsel are directed to comply with the Instructions Concerning Preparation for Trial Preparation Conference delivered to all parties at the Final Pretrial Conference.2 ***** Please use the following format in the Final Pretrial Order: DATED this day of , 200 . BY THE COURT: EDWARD W. NOTTINGHAM United States District Judge FINAL PRETRIAL ORDER TENDERED FOR REVIEW: 1 NOTE TO COUNSEL AND THE PARTIES: the court will set the trial date at the Final Pretrial Conference; or, if it cannot do so, it will enter further orders concerning a trial setting and further proceedings. 2 NOTE TO COUNSEL AND THE PARTIES: the court will set the date for the Trial Preparation Conference and distribute copies of the “Instructions Concerning Preparation for Trial Preparation Conference” at the Final Pretrial Conference. If counsel want copies of those instructions in advance of the Final Pretrial Conference, they should obtain them from the courtroom deputy clerk or from the court’s web site at the same location as this Final Pretrial Order form. rev. September 27, 2006 -6- (Name) (Address) (Telephone Number) Attorney for Plaintiff (Name) (Address) (Telephone Number) Attorney for Defendant Please affix counsel's signatures before submission of the Final Pretrial Order to the court. rev. September 27, 2006 -7-