D. Mont. L.R. 16.4

(a) Parties’ Planning Conference. At least 14 days before the proposed

final pretrial order is due, the plaintiff must convene a conference of all counsel

and self-represented parties at a suitable time and place to prepare the proposed

final pretrial order. If a party fails to cooperate in the conference or in preparation

of the order, another party may move the court for sanctions.

(b) Prerequisites. Before filing the proposed final pretrial order, the parties

must:

(1) Exchange Exhibits. Exchange copies of all items expected to be

offered as exhibits, and all schedules, summaries, diagrams, charts,

etc., to be used but not offered at trial. Impeachment or rebuttal

exhibits need not be exchanged. Items must be premarked for

identification. A party must make the original or the underlying

documents of any proposed exhibit available for inspection on request.

(2) Designate Deposition Excerpts. Serve statements designating

excerpts from depositions proposed to be offered at trial, other than

for impeachment and rebuttal. Statements must specify witness, page

numbers, and line numbers.

(3) Provide Deposition Summaries. Serve a copy of any summary of

deposition testimony a party proposes to offer at trial, provided the

parties have stipulated to a summary in lieu of reading a deposition.

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D.Mont L.R. 16.4 Final Pretrial Order

(4) Confer and Stipulate. Attempt to resolve objections to witnesses,

proposed exhibits, and designations and summaries of deposition

testimony. Counsel must stipulate to the admissibility of as many

exhibits as is practical and consistent with preserving legitimate

objections.

(5) Specify Outstanding Evidentiary Objections. Specify unresolved

objections in writing on the opposing party’s witness and exhibit lists.

Objections not shown on the lists will be deemed waived.

(c) Contents of the Order. As shown in Appendix Form D, the proposed

final pretrial order must address the following matters:

(1) Nature of Action. A plain, concise statement of the nature of the

action and defenses asserted.

(2) Jurisdiction and Venue. The statutory basis of federal jurisdiction and

factual basis supporting jurisdiction and venue in the District of

Montana.

(3) Jury or Nonjury. Whether a party has demanded a jury of all or any of

the issues and whether any other party contests trial of any issue by

jury.

(4) Agreed Facts. A statement of all material facts that are not in dispute.

(5) Elements of Liability. The legal elements of each theory of liability

under which relief is sought.

(6) Defense Elements. The legal elements of each defense asserted.

(7) Relief Sought. The elements of monetary damage, if any, and the

specific nature of any other relief sought.

(8) Legal Issues. A statement of disputed legal issues, including, where

necessary to a reasonable understanding of the claim or defense,

citations to authority.

(9) Dismissals. A statement of requested or proposed dismissals of

parties, claims or defenses.

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D.Mont L.R. 16.4 Final Pretrial Order

(10) Use of Discovery Documents. A list of specific answers to

interrogatories and responses to requests for admissions that a party

expects to offer at trial.

(11) Estimate of Trial Time. An estimate of the number of court days each

party requires for presentation of its case in chief.

(d) Witness Lists. As shown in Appendix Form E, and except for

impeachment witnesses, each party must attach to the proposed final pretrial order

one will-call witness list and one may-call witness list. As to each witness, the list

must show:

(1) the witness’s city and state of residence;

(2) whether the witness is an expert witness and, if so, the date of the

witness’s report;

(3) whether the witness will appear in person, remotely, or by deposition;

(4) if the party intends to offer a deposition in its case in chief:

(A) page and line numbers or time frames of any deposition

excerpts the party intends to offer;

(B) whether any deposition summary will be offered and, if so,

whether the parties stipulate to a summary; and

(5) each other party’s objections to each witness’s testimony.

(e) Exhibit Lists. As shown in Appendix Form F, and except for

impeachment or rebuttal exhibits, each party must attach to the proposed final

pretrial order one will-offer exhibit list and one may-offer exhibit list. As to each

exhibit, the list must:

(1) include columns showing:

(A) the number of the exhibit;

(B) a brief description of it;

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D.Mont L.R. 16.4 Final Pretrial Order

(C) each other party’s objections to its admission; and

(D) whether all parties stipulate to its admission; and

(2) include columns intended to show:

(A) whether the exhibit was admitted at the final pretrial

conference;

(B) the date the exhibit was offered at trial;

(C) the date ruling on its admission was reserved;

(D) the date the exhibit was admitted; and

(E) the date the exhibit was refused or withdrawn.

(f) Filing. The proposed final pretrial order must be signed by all counsel

and self-represented parties, filed in the electronic record, and e-mailed to

chambers in compliance with L.R. 7.1(c)(3)(B)-(F).