UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - -x : Plaintiff, - against - : JOINT PRETRIAL ORDER : 08 Civ. 1234 (DC) : Defendant. : - - - - - - - - - - - - - - - - - -x Pursuant to Fed. R. Civ. P. 16, the parties hereby adopt the following as their joint pretrial order to govern the trial of this case: 1. Jurisdiction and Venue [State statutory bases of subject matter jurisdiction and venue. If either are contested, state by whom and on what grounds.] 2. Trial Counsel [List names, addresses, telephone and fax numbers, and email addresses of the attorneys who will be trying the case.] 3. Pleadings The parties agree that the trial of this action shall be based upon this order and upon the pleadings, except that the following claims and defenses raised by the pleadings are abandoned: [List any abandoned claims or defenses or write "none" if none have been abandoned.] American LegalNet, Inc. www.FormsWorkflow.com 4. Undisputed Facts The parties stipulate that the following facts are not in dispute: [State the undisputed facts concisely and in separate, numbered paragraphs. If a party objects to the relevancy or materiality of any such stipulated fact, it must note the objection.] 5. Plaintiff's Contentions a. Factual Contentions [In jury cases, plaintiff shall summarize its factual contentions. In non-jury cases, plaintiff shall set forth each proposed finding of fact that it asks the Court to find, in separate, numbered paragraphs.] b. Legal Contentions [In jury cases, plaintiff shall summarize its legal contentions. In non-jury cases, plaintiff shall set forth each proposed conclusion of law that it asks the Court to draw, in separate, numbered paragraphs.] 6. Defendant's Contentions a. Factual Contentions [In jury cases, defendant shall summarize its factual contentions. In non-jury cases, defendant shall set forth each proposed finding of fact that it asks the Court to find, in separate, numbered paragraphs.] b. Legal Contentions [In jury cases, defendant shall summarize its legal contentions. In non-jury cases, defendant shall set forth each proposed conclusion of law that it asks the Court to draw, in separate, numbered paragraphs.] - 2 - American LegalNet, Inc. www.FormsWorkflow.com 7. Exhibits The parties propose to offer the following exhibits at trial: a. Plaintiff's Proposed Exhibits [List by exhibit number, as numbered for trial.] b. Defendant's Proposed Exhibits [List by exhibit number, as numbered for trial (or letters, if defendant prefers to use letters).] [All proposed exhibits must be listed. Exhibits not listed may not be offered at trial, even for impeachment purposes, absent good cause. If any party objects to a proposed exhibit, the objection should be noted, with a brief description of the objection (e.g., "authenticity," "hearsay," etc.). Any objections not listed are deemed waived.] 8. Witnesses The parties may call the following witnesses on their direct case: a. Plaintiff's Witnesses [Identify each witness plaintiff anticipates calling on its direct case (including expert witnesses), and provide a brief summary of each witness's anticipated testimony.] b. Defendant's Witnesses [Identify each witness defendant anticipates calling on its direct case (including expert witnesses), and provide a brief summary of each witness's anticipated testimony.] [Witnesses who are not listed may not be called at trial unless good cause is shown for not having listed the witness.] - 3 - American LegalNet, Inc. www.FormsWorkflow.com 9. Depositions The parties may offer the following deposition testimony: a. Plaintiff's Designations [List name of deponent, date of deposition, and page and line numbers of the excerpts to be offered. All objections to the use of such testimony (or portions thereof) shall be noted by defendant, together with the basis of the objection.] b. Defendant's Designations [List name of deponent, date of deposition, and page and line numbers of the excerpts to be offered. All objections to the use of such testimony (or portions thereof) shall be noted by plaintiff, together with the basis of the objection.] [If any party has any cross-designations, the cross-designations must be listed as well. The parties are not required to offer at trial any of the listed designations or cross-designations, but any deposition excerpts not listed may not be offered, absent good cause.] 10. Type of Trial [State whether the case will be tried to a jury or to the Court. If a jury has been demanded but the right to a jury is contested, state by whom and on what grounds.] 11. Length of Trial The parties estimate that the trial will take a total of __ days, consisting of __ days for plaintiff's case and __ days for defendant's case. - 4 - American LegalNet, Inc. www.FormsWorkflow.com 12. Modification of Order To prevent manifest injustice, or upon motion for good cause shown, the Court may modify this pretrial order upon such terms as the Court deems just and proper. CONSENTED TO: FIRM NAME Attorneys for Plaintiff By: [address and telephone number] FIRM NAME Attorneys for Defendant By: [address and telephone number] SO ORDERED: Dated: New York, New York [date] DENNY CHIN United States District Judge - 5 - American LegalNet, Inc. www.FormsWorkflow.com