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Pretrial Order
IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT
_______________,
Plaintiff,
v.
Case No.___________
Div. No.________
Chap.__________
________________.
Defendant.
PRETRIAL ORDER
[As noted in Local Rule 13, this order should be jointly prepared by counsel for
all parties. If agreement cannot be reached on the language for some of the sections,
competing language may be included, clearly marked to show by which party the language
has been submitted.]
A final pretrial conference was held in this case on the ____ day of ______________
20__.
1. APPEARANCES
[List appearances.]
2. VENUE; JURISDICTION; PROPRIETY OF PARTIES
a. There are no objections to jurisdiction, venue, or propriety of parties.
OR
b. [State concisely all objections to jurisdiction, venue, or propriety of parties.]
3. PLAINTIFF'S LEGAL THEORIES
[Give a brief, concise statement of the legal theories relied upon for recovery;
where applicable, list the grounds of negligence or breach of contract relied upon.
In jury trial cases, please include sufficient facts so that this section of the
Pretrial Order may be used as the basis of a jury instruction summarizing your claims
under P.I.K. 106.01. Provide a statement of the total damages being sought under
each legal theory or claim; separately provide an itemization of the damages.]
4. DEFENDANT'S LEGAL THEORIES
[Give a brief, concise statement of the legal theories relied upon for any defenses,
including affirmative defenses. For any counterclaims, list the grounds of negligence
of breach of contract relied upon when applicable. In jury trial cases, please include
sufficient facts so that this section of the Pretrial Order may be used as the basis
of a jury instruction summarizing your claims under P.I.K. 106.01. Provide a statement
of the total damages being sought under each legal theory or claim being pursued
in a counterclaim; separately provide an itemization of the damages.]
5. STIPULATIONS
[Consider whether stipulations can be entered into that will expedite the presentation
at trial. Possible stipulations:
a. The following listed exhibits are considered business records under K.S.A. 60-460(m),
but the parties reserve the right to object to the contents of these documents on
any other basis, including relevance and hearsay within a document.
b. The following factual matters are undisputed: [Consult summary judgment materials
and proposed findings of fact, among other things, for possible stipulations as
to matters of fact.]
c. The following legal issues are undisputed: [Example: The law of Kansas applies
to all issues in this case.]
d. Copies of exhibits may be used in lieu of originals.
e. The witness exclusion rule will be applied at trial. Witnesses (other than parties)
will be excluded from the trial until after their testimony has been completed so
that they cannot hear the testimony of other witnesses.
f. The parties have stipulated to the admission of the following exhibits: [List].
]
6. AMENDMENTS TO PLEADINGS
a. None.
OR
b. [Provide a concise statement of any proposed amendments.]
7. ISSUES OF FACT
These are the disputed issues of fact (or mixed questions of fact and law) that
must be resolved at trial:
a. [Issue.]
b. [Issue.]
c. [Issue.]
8. ISSUES OF LAW
These are the disputed issues of law that must be resolved by the court:
a. [Issue.]
b. [Issue.]
c. [Issue.]
9. DISCOVERY
a. Discovery has been completed.
OR
b. Plaintiff/Defendant/All parties request[s] that discovery be extended to [date].
That request is granted/denied.
10. WITNESSES AND EXHIBITS
a. All exhibits shall be marked by the court reporter or by counsel with exhibit
stickers by no later than five days before the trial date. The parties shall exchange
copies of exhibits at or before that date.
b. The parties have already filed their final witness lists.
OR
b. The parties will exchange and file their final witness lists by no later than
[date].
c. Witnesses and exhibits listed by one party may be called or offered by the other
party.
d. Witnesses not listed and exhibits not exchanged and marked as required by this
order shall not be permitted to testify or to be received in evidence, respectively.
e. Compliance with the provisions of this section of the Pretrial Order shall be
required in all cases except by agreement of counsel or upon order of the Court
or in proper rebuttal.
11. MOTIONS
a. [List any pending motions.]
b. [List any motions a party intends to file prior to trial.]
12. JURY INSTRUCTIONS
The parties shall confer in an attempt to arrive at an agreed set of jury instructions.
The parties are encouraged to submit a single set of proposed instructions, which
would include, in separate sections, (a) all instructions agreed upon by all parties,
(b) all instructions proposed only by plaintiff, and (c) all instructions proposed
only by defendant.
If the parties are unable to submit instructions jointly, then each party should
submit proposed jury instructions one week in advance of trial (or as otherwise
ordered by the court).
Proposed instructions should provide a brief listing of the applicable authority.
When Pattern Instructions for Kansas are modified, that should be noted. Objections
to jury instructions should be filed by the beginning of the trial.
Unless otherwise directed by the court, a chambers copy of the proposed instructions
should be provided to the judge along with an electronic version of the proposed
instructions in either Word or WordPerfect.
13. OTHER
[Identify any significant matters affecting the trial of the case that have not
been noted elsewhere.]
14. TRIAL
Trial will be: [to the court] [to a 12-person jury] [to a 6-person jury].
Trial is set for [date] and is expected to take ___ days.
15. SETTLEMENT PROSPECTS
Settlement prospects are [good] [fair] [poor].
IT IS SO ORDERED and this Pretrial Order shall supersede the pleadings and control
the future course of this action unless modified to prevent substantial injustice.
______________________________
District Judge
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