D. Del. LR 16.3

(a) In general. Unless otherwise ordered, in all civil cases for which a trial is

scheduled, a pretrial conference shall be held. If no trial date has been scheduled, any

party may request a pretrial conference following the completion of discovery and any

scheduled motion practice.

(b) Attendance by counsel. Unless otherwise ordered, counsel who will

conduct the trial are required to attend the pretrial conference. Failure to so attend or to

otherwise cooperate in trial preparation may result, after notice, in the imposition of

sanctions.

(c) Proposed pretrial order. Prior to the pretrial conference, counsel for all

parties shall meet and confer in order to premark and exchange all trial exhibits and

otherwise discuss the contents of the proposed pretrial order, which shall include the

following:

(1) A statement of the nature of the action, the pleadings in which the

issues are raised (e.g., third amended complaint and answer) and whether counterclaims,

crossclaims, etc., are involved;

(2) The constitutional or statutory basis of federal jurisdiction,

together with a brief statement of the facts supporting such jurisdiction;

(3) A statement of the facts which are admitted and require no proof;

(4) A statement of the issues of fact which any party contends remain

to be litigated;

(5) A statement of the issues of law which any party contends remain

to be litigated, and a citation of authorities relied upon by each party;

(6) A list of premarked exhibits which each party intends to offer at

trial, along with citations to the Federal Rules of Evidence to note any objections thereto

lodged by any other party;

(7) The names of all witnesses a party intends to call to testify,

whether the witness will testify in person or by deposition and, if by deposition, a list of

deposition designations;

(8) A brief statement of what plaintiff intends to prove in support of

plaintiff’s claims, including the details of the damages claimed or of other relief sought;

(9) A brief statement of what the defendant intends to prove as

defenses;

(10) Statements by counterclaimants or crossclaimants comparable to

that required of plaintiff;

(11) Any amendments of the pleadings desired by any party with a

statement whether it is unopposed or objected to and, if objected to, the grounds

therefore;

(12) A certification that the parties have engaged in a good faith effort

to explore the resolution of the controversy by settlement; and

(13) Any other matters which the parties deem appropriate.

(d) Unless otherwise ordered or agreed to by the parties and approved by the

Court:

(1) The plaintiff shall provide a draft pretrial order to all other parties

no less than 30 days before the pretrial order is to be filed with the Court. The draft shall

include proposed language for the sections of the pretrial order jointly submitted by all

parties, as well as the sections relating to the plaintiff’s case. If the parties have not yet

exchanged trial exhibits, the plaintiff shall provide all other parties with a copy of, or

reasonable access to, the plaintiff’s proposed trial exhibits.

(2) No less than 14 days before the pretrial order is to be filed with the

Court, all other parties shall provide the plaintiff and each other party with their

responses to the plaintiff’s draft order. Such responses shall include the party’s response

to the plaintiff’s proposed language for the sections of the pretrial order to be jointly

submitted by all parties, as well as the sections relating to the party’s case. If the parties

have not yet exchanged trial exhibits, the party shall provide plaintiff and each other

party with a copy of, or reasonable access to, the party’s proposed trial exhibits.

(3) The parties shall thereafter meet and confer in good faith such that

the plaintiff may file the pretrial order in conformity with this Rule.

(4) Unless otherwise ordered by the Court, at least 7 days prior to the

pretrial conference, the plaintiff shall file with the Clerk an executed copy of the

proposed pretrial order, which shall include the matters described in subsection (c) above,

as well as the following language:

“This order shall control the subsequent course

of the action, unless modified by the Court to

prevent manifest injustice.”