IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ___________________________________, Plaintiff, vs. CIVIL NO. _____________________ ___________________________________, Defendant. INITIAL PRETRIAL REPORT Counsel have conferred and submit herewith the parties' consolidated Initial Pretrial Report. APPEARANCES Counsel are: ___________________________________ for the plaintiff ___________________________________ for the defendant ___________________________________ for other parties NATURE OF THE CASE AMENDMENTS TO PLEADINGS Plaintiff intends to file: Defendant intends to file: revised Nov. 2004 American LegalNet, Inc. www.USCourtForms.com STIPULATIONS The parties hereto stipulate and agree that venue is properly laid in this District; that the United States District Court for the District of New Mexico has jurisdiction of the parties and the subject matter. The parties are willing to further stipulate to the following facts: The parties further stipulate and agree that the law governing this case is: PLAINTIFF'S CONTENTIONS: DEFENDANT'S CONTENTIONS DISCOVERY Plaintiff intends to obtain the following discovery: Defendant intends to obtain the following discovery: In accordance with the Civil Justice Expense and Delay Reduction Plan adopted in compliance with the Civil Justice Reform Act, and pursuant to Title 28 U.S.C. § 473(a)(1), this case is assigned to a "___________________" track classification. Accordingly, the termination date for discovery is ________________________, and discovery shall not be reopened, except by an order of the -2- revised Nov. 2004 American LegalNet, Inc. www.USCourtForms.com Court upon a showing of good cause. This deadline shall be construed to require that discovery be completed on or before the above date. Service of interrogatories or requests for production shall be considered timely only if the responses are due prior to the deadline. A notice to take deposition shall be considered timely only if the deposition takes place prior to the deadline. The pendency of dispositive motions shall not stay discovery. Motions relating to discovery (including, but not limited to, motions to compel and motions for protective order) shall be filed with the Court and served on opposing parties by ______________________. See D.N.M.LR-Civ. 7 for motion practice requirements and timing of responses and replies. This deadline shall not be construed to extend the twenty-day time limit in D.N.M.LR-Civ. 26.6. Plaintiff shall identify to all parties in writing any expert witness to be used by Plaintiff at trial and to provide expert reports pursuant to FED. R. CIV. P. 26(a)(2)(B) no later than ________________________. All other parties shall identify in writing any expert witness to be used by such parties at trial and to provide expert reports pursuant to FED. R. CIV. P. 26(a)(2)(B) no later than ___________________________. List all witnesses who, at this time, you think will either testify or be deposed, giving their name, title, address and a brief summary of their testimony. List all documents which you believe, at this time, will be exhibits at the trial. List all experts who you believe, at this time, will testify at the trial, giving their name, address, area of expertise, and a brief summary of the anticipated testimony. OTHER PRETRIAL MOTIONS Plaintiff intends to file: -3- revised Nov. 2004 American LegalNet, Inc. www.USCourtForms.com Defendant intends to file: Pretrial motions, other than discovery motions, shall be filed with the Court and served on opposing party by _________________________. See D.N.M.LR-Civ. 7 for motion practice requirements and timing of responses and replies. Any pretrial motions, other than discovery motions, filed after the above dates shall be considered untimely in the discretion of the Court. PRETRIAL ORDER Counsel are directed to file a consolidated final Pretrial Order as follows: Plaintiff to Defendant on or before _____________________________; Defendant to Court on or before ___________________________. In jury cases, proposed jury instructions shall be filed no later than _________________. In non-jury actions, requested findings of fact and conclusions of law shall be filed no later than _______________________. Refer to "Other Matters." PRETRIAL CONFERENCE AND TRIAL SETTING This matter is set for a PRETRIAL CONFERENCE on _______________________ at _________, ___.m. This matter is set for a NON-JURY TRIAL on a trailing calendar beginning on _____________________________, at _____.m. This matter is set for a JURY TRIAL on a trailing calendar beginning on _____________________________, at _____.m. -4- revised Nov. 2004 American LegalNet, Inc. www.USCourtForms.com ESTIMATED TRIAL TIME The parties estimate trial will require ________________________ days/weeks. ____ This is a non-jury case. ____ This is a jury case. SETTLEMENT The possibility of settlement in this case is considered: ___________. The parties request a settlement conference _____________________________. OTHER MATTERS Counsel are directed that the Pretrial Order will provide that no witnesses except rebuttal witnesses whose testimony cannot be anticipated, will be permitted to testify unless the name of the witness is furnished to the Court and opposing counsel no later than thirty (30) days prior to the time set for trial. Any exceptions thereto must be upon order of the Court for good cause shown. If documents are attached as exhibits to motions, affidavits or briefs, those parts of the exhibits that counsel want to bring to the attention of the Court must be highlighted in accordance with D.N.M.LR-Civ. 10.6. -5- revised Nov. 2004 American LegalNet, Inc. www.USCourtForms.com EXCEPTIONS (Where counsel cannot agree to any recitation herein, exceptions shall be listed.) APPROVED WITH/WITHOUT EXCEPTIONS (note exceptions above) __________________________________________ For Plaintiff __________________________________________ For Defendant __________________________________________ Other Party APPROVED: APPROVED AND ADOPTED AS THE ORDER OF THE COURT: ___________________________ United States Magistrate Judge _____________________________________________ United States District Judge -6- revised Nov. 2004 American LegalNet, Inc. www.USCourtForms.com