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Requirements For Joint Pretrial Order And Exhbit List Form. This is a Rhode Island form and can be use in Bankruptcy Court Federal.
Tags: Requirements For Joint Pretrial Order And Exhbit List, O, Rhode Island Federal, Bankruptcy Court
R.I. Bankr. Form O
See, LBR 4001-1(j);
9014-1(d) and 9070-1
UNITED STATES BANKRUPTCY COURT
DISTRICT OF RHODE ISLAND
REQUIREMENTS FOR JOINT PRETRIAL ORDER
I. PURPOSE OF JOINT PRETRIAL ORDER: R.I. LBR 9014-1(d) governs the procedure for
filing a Joint Pretrial Order. The preparation and filing of the Joint Pretrial Order serves to facilitate
and expedite the court hearing (but is not intended to force agreement where there is genuine
disagreement). Accordingly, parties directed to file a Joint Pretrial Order shall adhere to the form
of order set forth below.
II. SUBMISSION OF JOINT PRETRIAL ORDER: The Joint Pretrial Order MUST be signed
by all counsel (or pro se parties, if applicable), involved in the litigation. One sided orders shall be
treated as defective. Parties should refer to R.I. LBR 9014-1 for the proper procedure when
obtaining cooperation is difficult. Counsel are required to file the Original and Two (2) copies of
the Joint Pretrial Order, AND three (3) copies of all exhibits. In addition, the attached Exhibit List
must also be completed and affixed. Unless specifically in dispute, the underlying loan
documentation should not be filed as an exhibit. In addition, in chapter 11 cases (including
adversary proceedings) the local office of the United States trustee must be served with a copy of
the Joint Pretrial Order, the exhibit list and the exhibits.
III. CONTENTS OF JOINT PRETRIAL ORDER: The Joint Pretrial Order shall contain the
following numbered paragraphs:
1. Facts which are admitted and require no proof;
2.
Issues of fact remaining to be litigated; evidence at trial will be limited to
these issues and to the issues of law designated in paragraph 5 below;
3.
A list of proposed witnesses for the Plaintiff and for the Defendant, with a
brief statement as to the capacity in which each will testify;
4.
A list of exhibits to be offered at trial by each party (other than those to be
used for impeachment) in accordance with R.I. LBR 9070-1:
a.
b.
c.
d.
e.
in the sequence proposed to be offered.
The moving party/plaintiff’s exhibits shall be marked
alphabetically (A-Z), and the respondent/defendant’s
exhibits shall be marked numerically (1-100);
with a description of each, sufficient for identification;
with a statement of any objections reserved as to admissibility;
with a statement confirming that parties have exchanged copies of all
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exhibits.
NOTE: All exhibits listed are full exhibits unless objection is reserved, and are to be marked
prior to trial. Attorneys are responsible for providing copies of exhibits for all counsel,
witnesses and other parties.
5.
The issues of law to be determined with reference to appropriate statutory
and/or common law authorities; evidence at trial will be limited to these
issues and to the issues of fact stated in paragraph 2 above.
6.
The position of other lienholders (if a relief from stay matter);
7.
That all discovery has been completed;
8.
Whether or not the parties believe that the matter should be referred to a
settlement judge prior to trial. The Court will review the joint pretrial order
and issues in dispute, to determine whether the matter is one that might
benefit by referral to a settlement judge prior to trial. If the Court concludes
that a settlement conference is warranted, an order to that effect will issue;
and
9.
That the parties are ready for trial, together with the estimated time for the
entire trial/hearing.
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UNITED STATES BANKRUPTCY COURT
DISTRICT OF RHODE ISLAND
BANKRUPTCY NO._____________________
ADVERSARY NO. ______________________
IN RE
DEBTOR
FOR COURT USE ONLY
Plaintiff
JUDGE________________________________
COURT REPORTER_____________________
HELD AT______________________________
DATE_________________________________
vs
Defendant
EXHIBIT LIST
PARTY’S NAME:
** FOR COURT USE ONLY **
EX.
NO.
DESCRIPTION
M
A
R
K
E
D
O
F
F
E
R
E
D
O
B
J
E
C
T
A
D
M
I
T
D
A
T
E
DISPOSITION
AFTER TRIAL
(Note: This Exhibit List is to be prepared in advance of the date of trial by counsel for all parties and furnished to the
Court in duplicate and served on opposing counsel.)
Page 1 of _______ Pages
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IN RE:
NO.__________________
DEBTOR
BANKRUPTCY
ADVERSARY NO.___________________
EXHIBIT LIST CONTINUED
PARTY’S NAME:
** FOR COURT USE ONLY **
EX.
NO.
DESCRIPTION
M
A
R
K
E
D
O
F
F
E
R
E
D
O
B
J
E
C
T
A
D
M
I
T
D
A
T
E
DISPOSITION
AFTER TRIAL
(Note:
This Exhibit List is to be prepared in advance of the date of trial by counsel for all parties
and furnished to the Court in duplicate and served on opposing counsel.)
Page _______ of _______ Pages
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