TJDCR 4

A. The court may require a pretrial conference.

B. Not later than ten (10) days prior to the pretrial conference, and upon the initiative of counsel for plaintiff, counsel who will try the case for the parties and who are authorized to make binding stipulations shall meet personally, discuss settlement and prepare and lodge with the court, and exchange with each other, a proposed written pretrial order containing the following:

(1) A concise statement of the nature of the action.

(2) A statement of all uncontested facts deemed material in the action.

(3) A statement of the contested issues of fact in the case.

(4) A statement of the contested issues of law in the case.

(5) Plaintiff’s statement of any other issues of fact or law deemed to be material.

(6) Defendant’s statement of any other issues of fact or law deemed to be material.

(7) Lists or schedules of all exhibits which will be offered in evidence by the parties at the trial. Such lists or schedules shall:

(a) Describe the exhibits sufficiently for ready identification;

(b) Indicate those exhibits agreed by the parties to be admissible at trial; and

(c) With respect to each exhibit on the lists or schedules, counsel shall either agree as to admissibility or reach such stipulations regarding the exhibits as are possible. Stipulations as to authenticity and identification of documents shall be made whenever possible. All objections to exhibits and grounds for objections shall be listed.

(8) A statement by counsel for each party indicating any depositions intended to be offered by him at the trial, indicating with respect thereto the portions to be offered and the party or parties against whom they will be offered. This shall not apply to depositions to be used solely for impeachment.

(9) A statement by counsel for the party or parties against whom deposition testimony is to be offered stating the objections, and the grounds therefor, which counsel will assert at the trial to the deposition testimony.

(10) A list of witnesses with their addresses who will be called at the trial.

(11) The necessity or desirability of amendments to the pleadings.

(12) The advisability of a preliminary reference of issues to a special master.

C. Except when offered for impeachment or rebuttal purposes, no exhibit shall be received and no witnesses shall be permitted to testify at the trial unless listed in the pretrial order. However, for good cause shown the court may allow an exception to this provision.

D. At the pretrial conference the court will consider:

(1) The sufficiency of the proposed pretrial order.

(2) The differences, if any, between the parties as set forth in the proposed order concerning issues of law or fact.

(3) Motions and related matters, the hearing of which had been deferred to the time of the pretrial conference.

(4) The necessity or desirability of amendments to the pleadings.

(5) The advisability of a preliminary reference of issues to a special master.

(6) Any other matter which may be presented relative to parties, process, pleading or proof, with a view to simplifying the issues and achieving a just, speedy and inexpensive determination of the case.

(7) Requirement with respect to trial briefs.

(8) Requirement with respect to requests for instructions and suggested special questions to be asked by the court on voir dire in cases to be tried by jury.

(9) The number of expert witnesses to be permitted to testify on any one subject.

(10) The possibility of compromise or settlement, but nothing with respect thereto shall be incorporated in the pretrial order or the minutes of the pretrial conference, and any discussion with respect to settlement shall be entirely without prejudice and may not be referred to during the trial of the case or in any arguments or motions, unless the court for good cause permits it.

E. Upon conclusion of the pretrial conference, if not previously set for trial, the court will set the case for trial and enter such further orders as the status of the case may require.

F. Failure of any counsel to appear at the pretrial conference, to participate therein in good faith, to prepare fully therefor, or to have complied in good faith with the rules governing pretrial discovery procedures shall result in the court making such orders as deemed appropriate, including the imposition of appropriate sanctions.

G. Form of pretrial order:

Case No.:

IN THE THIRD JUDICIAL DISTRICT COURT OF THE STATE

OF NEVADA IN AND FOR THE COUNTY OF..........

...................................................... ,

Plaintiff,

vs. PRETRIAL ORDER

...................................................... ,

Defendant.

Following pretrial proceedings in the cause pursuant to N.R.C.P. 16 and Local Rule 4,

IT IS ORDERED:

I

This is an action for: (State nature of action, including relief sought and identification of parties.)

II

The following facts are admitted by the parties and require no proof: (List admitted facts.)

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III

The following facts, though not admitted, will not be contested at trial by evidence to the contrary: (List uncontested facts.)

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IV

The following are the issues of fact to be tried and determined upon trial: (State each issue of fact separately and in specific terms. Should counsel be unable to agree upon the language of the statement of issues of fact to be tried and determined upon the trial, counsel shall include separate statements of issues of fact to be tried and determined upon trial.)

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V

The following are the issues of law to be tried and determined upon trial: (State each issue of law separately and in specific terms. Should counsel be unable to agree upon the language of the statement of issues of law to be tried and determined upon the trial, counsel shall include separate statements of issues of law to be tried and determined upon trial.)

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VI

A. The following exhibits are admissible in evidence in this case and may be marked in evidence by the clerk:

(1) Plaintiff’s exhibits:

(2) Defendant’s exhibits:

B. As to the following exhibits, the parties have reached the following stipulations regarding the same:

(1) (State stipulations as to plaintiff’s exhibits.)

(2) (State stipulations as to defendant’s exhibits.)

C. As to the following exhibits, the party against whom the same will be offered objects to their admission upon the grounds stated:

(1) (State objections to plaintiff’s exhibits.)

(2) (State objections to defendant’s exhibits.)

D. Depositions:

(1) Plaintiff will offer the following depositions: (State name of deponent and describe portions to be offered by pages and lines and the party or parties against whom offered.)

(2) Defendant will offer the following depositions: (State name of deponent and describe portions to be offered by pages and lines and the party or parties against whom offered.)

E. Objections to depositions:

(1) Defendant objects to plaintiff’s depositions as follows:

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(2) Plaintiff objects to defendant’s depositions as follows:

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VII

The following witnesses may be called by the parties upon trial:

A. Plaintiff’s witnesses: (State names and addresses.)

B. Defendant’s witnesses: (State names and addresses.)

APPROVED AS TO FORM AND CONTENT:

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Attorney for plaintiff

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Attorney for defendant

VIII

ACTION BY THE COURT

A. This case is set down for trial on.............................................................................

B. Trial briefs will be submitted to the court and served upon counsel for all parties on or before

C. Jury trials:

(1) Instructions requested by either party shall be submitted to the court on or before

(2) Suggested questions of the parties to be asked of the jury panel by the court on voir dire shall be submitted to the court on or before

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The foregoing pretrial order has been approved by the parties to this action as evidenced by the signatures of their counsel hereon, and the order is hereby entered and will govern the trial of this case. This order shall not be amended except by order of the court pursuant to agreement of the parties or by the court on its own motion for good cause or to prevent manifest injustice.

Any party may, within ten (10) days’ receipt of the order, or in such lesser time as ordered by the court, move to modify.

Dated this................ day of................, 19......

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DISTRICT JUDGE