W.D. Wash. LCR 16.1

The following form of pretrial order shall be used, insofar as possible, in the trial of all cases

except those involving land condemnation.

Hon. [name of judge]

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT _________________________

______________________ )

)

Plaintiff, ) Case No. ____________

)

vs. ) PRETRIAL ORDER

)

______________________ )

)

Defendant. )

)

JURISDICTION

Jurisdiction is vested in this court by virtue of: (State the facts and cite the statutes whereby

jurisdiction of the case is vested in this court).

CLAIMS AND DEFENSES

The plaintiff will pursue at trial the following claims: (e.g., breach of contract, violation of 28

U.S.C. § 1983). The defendant will pursue the following affirmative defenses and/or claims:

(e.g., accord and satisfaction, estoppel, waiver).

ADMITTED FACTS

The following facts are admitted by the parties: (Enumerate every agreed fact, irrespective of

admissibility, but with notation of objections as to admissibility. List 1, 2, 3, etc.)

ISSUES OF LAW

The following are the issues of law to be determined by the court: (List 1, 2, 3, etc., and state

each issue of law involved. A simple statement of the ultimate issue to be decided by the court,

such as “Is the plaintiff entitled to recover?” will not be accepted.) If the parties cannot agree on

the issues of law, separate statements may be given in the pretrial order.

EXPERT WITNESSES

(a) Each party shall be limited to _____ expert witness(es) on the issues of _______.

(b) The name(s) and addresses of the expert witness(es) to be used by each party at the trial

and the issue upon which each will testify is:

(1) On behalf of plaintiff;

(2) On behalf of defendant.

OTHER WITNESSES

The names and addresses of witnesses, other than experts, to be used by each party at the time of

trial and the general nature of the testimony of each are:

(a) On behalf of plaintiff: (E.g., Jane Doe, 10 Elm Street, Seattle, WA; will testify

concerning formation of the parties’ contract, performance, breach and damage to

plaintiff.)

(b) On behalf of defendant: (follow same format).

(As to each witness, expert or others, indicate “will testify,” or “possible witness only.” Also

indicate which witnesses, if any, will testify by deposition. Rebuttal witnesses, the necessity of

whose testimony cannot reasonably be anticipated before trial, need not be named.)

EXHIBITS

Identify each exhibit with a number, which becomes the number for the exhibit at the trial and

appears on the exhibit tag with the following information in table format:

Plaintiff’s Exhibits

Ex. # Description Authenticity Admissibility Objection Admitted

# Photo of port side of Stipulated Disputed 402; F

ship

# Photo of crane motor

# Photo of crane

Defendant’s Exhibits

Ex. # Description Authenticity Admissibility Objection Admitted

# X-ray of plaintiff’s Stipulated Stipulated

foot

# Weather Report Stipulated Disputed 402

# Log book

The Parties’ Objection Code:

E Exhibit is objectionable because it constitutes attempted expert testimony from a

person who was not designated as an expert (Fed. R. Civ. P. 26)

F Lack of foundation

MIL Subject of Motion in Limine

In the Authenticity and Admissibility columns, indicate “Stipulated” or “Disputed”. If

“Disputed”, identify the objection in the Objection column. An objection based on a Fed. R.

Evid. should reference the rule number; additional objections should be referenced by a code that

the parties include with the exhibit list. The “Admitted” column is for use by the Court.

(No party is required to list any exhibit which is listed by another party, or any exhibit to be used

for impeachment only. See LCR 16 for further explanation of numbering of exhibits).

ACTION BY THE COURT

(a) This case is scheduled for trial (before a jury) (without a jury) on __________, 20___, at

________.

(b) Trial briefs shall be submitted to the court on or before _______________.

(c) (Omit this subparagraph in non-jury case). Jury instructions requested by either party

shall be submitted to the court on or before _______________. Suggested questions of

either party to be asked of the jury by the court on voir dire shall be submitted to the

court on or before _______________.

(d) (Insert any other ruling made by the court at or before pretrial conference.)

This order has been approved by the parties as evidenced by the signatures of their counsel. This

order shall control the subsequent course of the action unless modified by a subsequent order.

This order shall not be amended except by order of the court pursuant to agreement of the parties

or to prevent manifest injustice.

DATED this ____ day of [insert month], 20[insert year].

________________________________________

United States District Judge/ Magistrate Judge

FORM APPROVED

____________________________

Attorney for Plaintiff

____________________________

Attorney for Defendant