N.C. Gen. R. Prac. Super. & Dist. Ct. Form 2

IN THE GENERAL COURT OF JUSTICE

________________ COURT DIVISION

Plaintiff(s) )

) FILE #: _______________

-v- )

) FILM #: _______________

Defendant(s) )

ORDER ON FINAL PRE-TRIAL CONFERENCE

Pursuant to the provisions of Rule 16 of the State Rules of Civil Procedure, and

Rule 7, General Rules of Practice, a final pre-trial conference was held in the

above-entitled cause on the _______________ day of _______________, 19____. _______________,

Esquire, appeared as counsel for the plaintiff(s); _______________, Esquire, appeared as

counsel for the defendant(s).

(1) It is stipulated that all parties are properly before the court, and that

the court has jurisdiction of the parties and of the subject matter.

Note: If the facts are otherwise they should be accurately stated.

(2) It is stipulated that all parties have been correctly designated, and there

is no question as to misjoinder or nonjoinder of parties.

Note: If the facts are otherwise, they should be accurately stated.

(3) If any of the parties is appearing in a representative capacity, it should

be set out whether there is any question concerning the validity of the appointment

of the representatives. Letters or orders of appointment should be included as

exhibits.

(4) Any third-party defendant(s) or cross-claimant(s) should follow the same

procedure as set out in paragraphs (4) and (5) for plaintiff(s) and defendant(s).

(5) In addition to the other stipulations contained herein, the parties hereto

stipulate and agree with respect to the following undisputed facts:

(a)

(b)

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Note: Here set out all facts not in genuine dispute. *

(6) The following is a list of all known exhibits the plaintiff(s) may offer at

the trial:

(a)

(b)

Note: Here list the pre-trial identification numbers and a brief description of

each exhibit.

(7) It is stipulated and agreed that opposing counsel has been furnished a

copy of each exhibit identified by the plaintiff(s), except:

Note: Here set out stipulations with respect to (a) the exhibits that have been

furnished opposing counsel, (b) the arrangements made for the

inspection of exhibits of the character which prohibits or makes

* IN CONTRACT CASES, the parties may stipulate upon, or state their contentions with respect to,

where applicable (a) whether the contract relied on was oral or in writing; (b) the date thereof and the

parties thereto; (c) the substance of the contract, if oral; (d) the terms of the contract which are relied

upon and the portions in controversy; (e) any collateral oral agreement, if claimed, and the terms

thereof; (f) any specific breach of contract claimed; (g) any misrepresentation of fact claimed; (h) if

modification of the contract or waiver of covenant is claimed, what modification or waiver, and how

accomplished, and (i) an itemized statement of damages claimed to have resulted from any alleged

breach, the source of such information, how computed, and any books or records available to sustain

such damage claimed.

IN MOTOR VEHICLE NEGLIGENCE CASES, the parties may stipulate upon, or state their

contentions with respect to, where applicable (a) the owner, type and make of each vehicle involved;

(b) the agency of each driver; (c) the place and time of accident, conditions of weather, and whether

daylight or dark; (d) nature of terrain as to level, uphill or downhill; (e) traffic signs, signals and

controls, if any, and by what authority placed; (f) any claimed obstruction of view; (g) presence of other

vehicles, where significant; (h) a detailed list of acts negligence or contributory negligence claimed;

(i) specific statutes, ordinances, rules, or regulations alleged to have been violated, and upon which

each of the parties will rely at the trial to establish negligence or contributory negligence; (j) a detailed

list of nonpermanent personal injuries claimed, including the nature and extent thereof; (k) a detailed

list of permanent personal injuries claimed, including nature and extent thereof; (l) the age of any

party alleged to have been injured; (m) the life and work expectancy of any party seeking to recover

for permanent injury; (n) an itemized statement of all special damages, such as medical, hospital,

nursing, etc., with the amount and to whom paid; (o) if loss of earnings is claimed; (p) a detailed list of

any property damages, and (q) in death cases, the decedent’s date of birth, marital status, employment

for five years before date of death, work expectancy, reasonable probability of promotion, rate of

earnings for five years before date of death, life expectancy under mortuary table, and general physical

condition immediately prior to date of death.

IN THE EVENT THIS CASE DOES NOT FALL WITHIN ANY OF THE CATEGORIES

ENUMERATED ABOVE, OR ANY OF THE CATEGORIES SUGGESTED BY THIS FORM,

COUNSEL SHOULD, NEVERTHELESS, SET FORTH THEIR POSITIONS WITH AS MUCH

DETAIL AS POSSIBLE.

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impractical their reproduction, and (c) any waiver of the requirement to

furnish opposing counsel with a copy of exhibits.

(8) It is stipulated and agreed that each of the exhibits identified by the

plaintiff(s) is genuine and, if relevant and material, may be received in evidence

without further identification or proof, except:

Note: Here set out with particularity the basis of objection to specific exhibits.

It is permissible to generally reserve the right to object at the trial on grounds

of relevancy and materiality.

(9) The following is a list of all known exhibits the defendant(s) may offer

at the trial:

(a)

(b)

Note: Here list the pre-trial identification numbers and a brief description of

each exhibit.

(10) It is stipulated and agreed that opposing counsel has been furnished a

copy of each exhibit identified by the defendant(s), except:

Note: Here set out stipulations with respect to (a) the exhibits that have been

furnished opposing counsel, (b) the arrangements made for the

inspection of exhibits of the character which prohibits or makes

impractical their reproduction, and (c) any waiver of the requirement to

furnish opposing counsel with a copy of exhibits.

(11) It is stipulated and agreed that each of the exhibits identified by the

defendant(s) is genuine, and, if relevant and material, may be received in evidence

without further identification or proof, except:

Note: Here set out with particularity the basis of objection to specific exhibits.

It is permissible to generally reserve the right to object at the trial on

grounds of relevancy and materiality.

(12) Any third-party defendant(s) and cross-claimant(s) should follow the

same procedure with respect to exhibits as required of plaintiff(s) and defendant(s).

Note: Attention is called to the provisions of the pre-trial rule with respect to

the obligation to immediately notify opposing counsel if additional

exhibits are discovered after the preparation of this order.

(13) The following is a list of the names and addresses of all known witnesses

the plaintiff(s) may offer at the trial:

Note: If either plaintiff’s or defendant’s attorney discovers additional

witnesses after this listing, attention is called to obligation to notify

opposing counsel. There shall be no requirement that all witnesses listed

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by a party be used, and the court may after satisfactory explanation, in

his discretion, permit the use of a witness not listed.

The trial judge may, for good cause made known to him, relieve a party

of the requirement of disclosing the name of any witness.

(14) The following is a list of the names and addresses of all known witnesses

the defendant(s) may offer at the trial:

(15) Any third-party defendant(s) and cross-claimant(s) should follow the

same procedure with respect to witnesses as above outlined for plaintiff(s) and

defendant(s). Counsel shall immediately notify opposing counsel if the names of

additional witnesses are discovered after the preparation of this order.

(16) There are no pending motions, and neither party desires further

amendments to the pleadings, except:

Note: Here state facts regarding pending or impending motion. If any motions

are contemplated, such as motion for the physical examination of a

party, motion to take the deposition of a witness for use as evidence, etc.,

such motions should be filed in advance of the final pre-trial conference

so that they may be ruled upon, and the rulings stated in the final

pre-trial order. The same procedure should be followed with respect to

any desired amendments to pleadings.

(17) Additional consideration has been given to a separation of the triable

issues, and counsel for all parties are of the opinion that a separation of issues in this

particular case would (would not) be feasible.

(18) The plaintiff(s) contends (contend) that the contested issues to be tried

by the court (jury) are as follows:

(19) The defendant(s) contends (contend) that the contested issues to be tried

by the court (jury) are as follows:

(20) Any third-party defendant(s) and cross-claimant(s) contends (contend)

that the contested issues to be tried by the court (jury) are as follows:

Note: In all instances possible, the parties should agree upon the triable issues

and include them in this order in the form of a stipulation, in lieu of the

three preceding paragraphs.

(21) Counsel for the parties announced that all witnesses are available and

the case is in all respects ready for trial. The probable length of the trial is estimated

to be _______________ days.

(22) Counsel for the parties represent to the court that, in advance of the

preparation of this order, there was a full and frank discussion of settlement

possibilities. Counsel for the plaintiff will immediately notify the clerk in the event

of material change in settlement prospects.

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Note: Counsel shall be required to conduct a frank discussion concerning

settlement possibilities at the time of the conference of attorneys, and

clients shall either be consulted in advance of the conference concerning

settlement figures or be available for consultation at the time of the

conference. The court will make inquiry at the time of trial as to whether

this requirement was strictly observed.

______________________________

Counsel for Plaintiff(s)

______________________________

Counsel for Defendant(s)

Date: ______________________________ Approved and Ordered Filed.

______________________________

Judge Presiding