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REQUIREMENTS FOR PROPOSED JOINT PRETRIAL ORDER
Counsel for plaintiff(s) shall assume the responsibility for convening a conference for all
parties to confer and collaborate in formulating a short, concise pretrial order which is to be drafted by
counsel for the plaintiff(s), approved and signed by counsel for all parties, and submitted to the Court for
approval and adoption. Notwithstanding E.D. Mich. Local Rule 16.2(d), the Order shall provide that trial
briefs, proposed findings of fact and conclusions of law in non-jury cases or requests for instructions in jury
cases shall be filed on the FIRST day of trial. The Order shall provide for the signature of the Court, which,
when signed, will become an Order of the Court. AN ORIGINAL AND ONE COPY IS TO BE SUBMITTED
TO THE COURT.
THE PROPOSED PRETRIAL ORDER SHALL CONTAIN, UNDER APPROPRIATE CAPTIONS,
THE FOLLOWING IN THE FOLLOWING ORDER:
Statement of claim or claims of plaintiff(s), including legal theories.
Statement of claim or claims and defense of defendant(s), and third-party plaintiff,
and defense of third-party defendant, including theories.
Stipulation of facts, as far as possible, including jurisdiction.
Issues of fact remaining to be litigated.
Issues of law to be litigated.
Evidence problems likely to arise at trial.
Witnesses: Indicate which will be called in the absence of reasonable notice to
opposing counsel to the contrary, and which may be called as a possibility only.
- Witnesses for plaintiff(s).
- Witnesses for defendant(s).
- This requirement shall not apply to rebuttal witnesses, the necessity of
whose testimony cannot be reasonably anticipated before trial.
An itemized statement of special damages. Counsel are requested to stipulate to
those items not in dispute.
Estimated length of trial. Indicate whether jury or non-jury.
- Time for plaintiff's proofs.
- Time for defendant's proofs.
- Do you wish to waive jury trial at this time?
- Do you stipulate to less than a unanimous verdict?
A statement that counsel have met, conferred and considered the possibility of
settlement, giving place, time, and date and the current status of these talks (jury cases only), as well as plans
for further talks on the subject.
FAILURE TO SUBMIT A TIMELY PROPOSED JOINT PRETRIAL ORDER
MAY RESULT IN THE ISSUANCE OF SANCTIONS
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