S.D. 7th Jud. Cir. Scheduling and Pretrial Conference Checklist Order

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT

) SS

COUNTY OF _______________ ) SEVENTH JUDICIAL CIRCUIT

________________________, Case no. _______________________

Plaintiff(s),

vs. SCHEDULING & PRETRIAL

CONFERENCE CHECKLIST ORDER

________________________,

Defendant(s).

It is hereby ORDERED that the parties comply with the following pretrial

requirements:

1. At least TEN (10) DAYS BEFORE THE PRETRIAL CONFERENCE, or as

otherwise required by court order or deadlines set herein, all counsel will

furnish the following items in a Pretrial Conference Checklist to the

Court and opposing counsel:

a. ISSUES REMAINING FOR TRIAL: Set forth the issues joined by the

pleadings which have not been disposed of by pretrial motion or

agreement of the parties.

b. FACT SUMMARY: Set forth a brief summary of the facts the party

believes will be proven by the evidence.

c. SUBSTANTIVE, PROCEDURAL OR EVIDENTIARY ISSUES

INCLUDING MOTIONS IN LIMINE: Set forth the legal questions to be

addressed by the court. Attach a pretrial brief supporting your

position. Identify any pending motions remaining to be addressed.

Any responses or replies must be served within the deadlines set forth

in SDCL §15-6-6, as these motions will be heard at the Pretrial

Conference.

d. WITNESSES - NATURE OF TESTIMONY AND AVAILABILITY: List

witnesses, state the nature of their testimony, and state whether a

deposition or video deposition has been taken for trial.

e. TRIAL TIME: Set forth the estimated time required for trial of the case

to the 1/2 day (including impaneling of a jury), if the trial is a jury

trial, and if the type of trial is different from what was proposed at the

scheduling hearing.

f. JURY INSTRUCTIONS: In jury cases, counsel will submit a joint set of

jury instructions (including preliminary jury instructions) and a

verdict form. Each party will submit separately only those

instructions that the parties do not agree upon including a fair

statement of the case for the preliminary instructions consistent with

SDPJI 1-10-20.

Where applicable, use South Dakota Pattern Jury Instructions.

Prepare proposed instructions in accordance with the provisions of

SDCL 15-6-51(a). The source of the requested instructions must

appear on the instructions. Include the original and one copy of the

instructions with the pretrial conference checklist furnished to the

Court. Provide copies to opposing counsel.

g. DEPOSITIONS: If a deposition is to be read or viewed at trial, the

objecting party must identify the objection by page and lines, which

lines are sought to be stricken (if any), and the reason for the

objection (including the rule relied upon) at least 30 days before

trial. The objecting party will send the objections in a Word document

to the opposing party. The opposing party will respond 10 days later

by noting the response in the Word document and returning it to the

objecting party. The objecting party may make any reply no later than

5 days later and must then email the document to the Court for

rulings.

h. EXHIBITS: Parties will consult with the Court Reporter for marking

exhibits prior to commencement of the jury trial unless the exhibits

are unusually large or impractical. Parties may pre-mark their

exhibits, but they must use the marking rules outlined below.

1) All exhibits you intend to use at trial will be marked using

Arabic numbers beginning with 1, i.e., 1, 2, 3, etc.

To avoid duplication of exhibits, the parties will confer in an

effort to agree upon a single exhibit list. An agreement to place a

proposed exhibit on the list does not waive a party’s right to

object to the proposed exhibit.

2) If the parties cannot agree upon a single exhibit list, then the

Plaintiff will inform the Defendant of how many exhibits Plaintiff

intends to list. Defendant will begin numbering Defendant’s

exhibits with the next higher three-digit number. For example, if

Plaintiff has 114 exhibits, Defendant will begin with 200. If

there are multiple plaintiffs or defendants, the same system will

be used proceeding in the order of the parties as set forth in the

case caption.

3) Any exhibits added during trial will be added at the end

irrespective of who has offered the exhibit.

i. OTHER: Set forth any other matters which you feel should be

discussed at the pretrial conference.

2. At least FIVE (5) DAYS BEFORE THE PRETRIAL CONFERENCE all

parties must have completed the following requirements:

a. The parties have met and agreed to the foundation for exhibits prior to

the pretrial conference. If no stipulation was reached, then the parties

have submitted to the Court specific objections (with citation to

authority) to exhibits of the opposing party.

b. The parties have provided to the Court specific objections to the

opposing party’s requested jury instructions.

c. The parties have provided to the Court any factual

stipulation that would significantly shorten the trial.

3. ALL PARTIES MUST BRING TO THE PRETRIAL CONFERENCE:

a. Exhibits, photographs, demonstrative models, and any similar items

to be used at trial, including all audio or video equipment. Counsel

will arrange to practice with the Court’s video equipment prior to

trial.

b. Be prepared to address objections to all instructions at the pretrial

conference.

This Order supersedes the requirements imposed by the Seventh Circuit

Pre-Trial Conference Check List found in Appendix B to SDCL chapter 15-6

and any conflicting orders previously entered in this case.

Dated this ____ day of _______________, 20___.

BY THE COURT:

_________________________

Circuit Court Judge

ATTEST:

________________________

Ranae Truman

Clerk of Courts

By: _____________________

Deputy

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