16.2 Final Pretrial Statements

(a) Contents

Final pretrial statements shall be filed in accordance with Fed. R. Civ. P. 26(a)(3) and, in addition to the requirements of that rule, shall contain:

(1) a brief statement of the case assented to by all parties, except assent shall not be required in cases in which one or more of the parties is an incarcerated pro se litigant;

(2) the name of each witness, separately identifying those whom the party expects to present and those whom the party may call if the need arises, and the parties shall simultaneously exchange between themselves the address and telephone number for each listed witness;

(3) a written waiver of claims or defenses, if any;

(4) a list of all depositions which may be read into evidence, with page/line designations filed ten (10) days prior to trial, counter-designations filed five (5) days prior to trial, and objections filed two (2) days prior to trial;

(5) a list of all exhibits to be offered at trial separately identifying those which the party expects to offer and those which the party may offer if the need arises.  Exhibits intended to be used solely for impeachment need not be listed;

(6) a statement confirming that the parties have met and conferred on whether they intend to have the jury use the Jury Evidence Recording System (JERS) to review evidence and their respective positions on the use of JERS;

(7) an itemized statement of special damages;

(8) except in actions tried without a jury, a statement of the latest demand and offer, and a statement describing the parties' participation in any alternative dispute resolution process;

(9) a statement of a claim for attorney's fees, if applicable, with citation to the statutory and/or regulatory authorities relied upon as the basis for the claim;

(10) any requests for a view pursuant to LR 39.3, and a designation as to who shall pay the cost of the view in the first instance; and

(11) an estimate of the length of trial.

(b) Documents to Accompany Final Pretrial Statements

The following documents shall be filed simultaneously as separate documents with each party's final pretrial statement:

(1) Requests for Jury Instructions

Requested jury instructions shall cover the elements of all claims and defenses raised in the case and any unusual issues that may arise in the case that will warrant a special instruction.  Instructions such as the role of the jury, evaluating witness credibility, burden of proof, and other instructions routinely given by the court are not to be included.  Parties may file supplemental requests at the close of the evidence or at such earlier time during trial as the court reasonably directs.

(2) Trial Memoranda and Requests for Findings of Fact and Rulings of Law

In all actions tried upon the facts without a jury or with an advisory jury, the parties shall file memoranda of law and requests for findings of fact and rulings of law with their final pretrial statements.  The parties may file supplemental requests and/or further memoranda at such time as the court directs.  

Requests for findings of fact shall concern only facts that are genuinely disputed and material to the outcome of the case.  Such requests shall be set forth in chronological order in separately numbered paragraphs.  Proposed rulings of law shall be set forth in separately numbered paragraphs and contain brief citations to supporting authority.

(3) Motions in Limine

(4) Voir Dire Requests

(5) Proof of Special Damages

The defendant shall notify the plaintiff if it requires testimonial proof of special damages.

(6) Use of JERS

To the extent at least one but not all parties would like to present evidence electronically to the jury during deliberations using the Jury Evidence Recording System (JERS), the party who desires to use JERS shall file a motion requesting leave to do so. 

(c) Duty to Update

If a case is continued after the parties have filed final pretrial statements, the parties shall either update their final pretrial statements or file a stipulation that no change is necessary no later than ten (10) days prior to the new final pretrial conference.

(d) Objections

In addition to objections in Fed. R. Civ. P. 26(a)(3), objections to exhibits, motions in limine, proposed jury instructions, and proposed findings of fact and rulings of law shall be filed no later than fourteen (14) days after the service of the final pretrial statements in accordance with this rule.


(§ (c)(1), Requests for Jury Instructions, amended 1/1/97; § (b)(1) amended 1/1/99; § (c) amended 1/1/00; § (a), Deadline, stricken, §§ (b)-(e) relettered accordingly, and §§ (a) and (d) amended 1/1/01; § (d) amended 1/1/03; §§ (a)(2)-(3) stricken, former §§ (a)(4)-(12) renumbered accordingly, 1/1/06; § (a)(4) amended 1/1/08; § (a)(2) amended, § (a)(6) added, former §§ (a)(6)-(10) renumbered accordingly, 12/1/11; § (a)(6) amended, § (b)(6) added 12/1/13)