D. Me. Loc. R. 16.5

(a) Final Pretrial Conference

A final pretrial conference will be held as close to the time of trial as reasonable

under the circumstances. A final pretrial conference may be conducted by the

trial judge or any other judicial officer. The conference may be conducted in

person, by telephone, or via videoconference.

(b) Preparation for Final Pretrial Conference

(1) Not later than 5 business days before the final pretrial conference, each

party must file with the Court and serve on every other party a pretrial

memorandum, which may not exceed 5 pages, containing the following

information:

(A) a brief factual statement of the party’s claims or defenses,

including an itemized statement of any damages claimed;

(B) a brief statement of the party’s contentions regarding any

controverted points of law, including evidentiary questions, with

supporting authority;

(C) proposed stipulations about substantive or evidentiary matters

not in dispute;

(D) the names and addresses of all witnesses the party intends to call

other than those to be used for impeachment and rebuttal. Absent

stipulation, disclosing a witness will not constitute a

representation that the witness will be produced or called;

(E) any proposed use of case-specific juror questionnaires; and

(F) a list of the documents and things the party intends to offer as

exhibits.

(2) Each party must be prepared at the pretrial conference to discuss any

issues concerning subsection (b)(1)(A) through (F) above, to make a

representation about settlement, and to discuss all aspects of the trial,

including trial presentation.

(c) Conduct of Final Pretrial Conference

(1) Counsel who will conduct the trial for each represented party must

attend the conference, unless excused for good cause by the Court. Each

attorney attending the conference must be familiar with this rule and

with the case and must be prepared to represent to the Court that

counsel has discussed settlement with the client.

(2) At the conference, the Court and parties will discuss any pending

motions and issues as well as any matters relevant to the trial. The

Court will determine whether any pending motions or activities require

that additional deadlines be stayed. The Court will ordinarily set a trial

date and the deadlines for all pretrial filings.

(3) The Court may direct that a separate settlement conference be held with

party representatives present in person.

(d) Final Pretrial Order

(1) Either at or following the final pretrial conference, the Court will issue

a final pretrial order, containing the significant points from the

conference and setting pretrial deadlines. The order will control the

future course of the action. Unless otherwise ordered, any objections to

the final pretrial order must be made within 14 days after receipt by the

parties.

(2) Any discussion at the conference relating to settlement will not be a part

of the final pretrial order.

(3) Trial briefs, voir dire, jury instructions, and other pretrial and trial

filings must be filed electronically under Appendix B, the

Administrative Procedures Governing the Filing and Service by

Electronic Means.