RULE 3.06 FINAL PRETRIAL PROCEDURES
(a) Final pretrial conferences may be scheduled by the Court pursuant to Rule 16(d),
Fed.R.Civ.P., in any civil case on not less than twenty (20) days notice.
(b) In any case in which a final pretrial conference is scheduled by the Court (or in any
case in which the Court directs the preparation and filing of a pretrial statement in accordance with
this rule, but without scheduling a pretrial conference), it shall be the responsibility of counsel for all
parties to meet together no later than ten (10) days before the date of the final pretrial conference
(or at such other time as the Court may direct) in a good faith effort to:
(1) discuss the possibility of settlement;
(2) stipulate to as many facts or issues as possible;
(3) examine all exhibits and Rule 5.04 exhibit substitutes or documents and other
items of tangible evidence to be offered by any party at trial;
(4) exchange the names and addresses of all witnesses; and
(5) prepare a pretrial statement in accordance with subsection (c) of this rule.
(c) The pretrial statement shall be filed with the Court no later than three (3) days before
the date of the final pretrial conference (or at such other time as the Court may direct), and shall
(1) the basis of federal jurisdiction;
(2) a concise statement of the nature of the action;
(3) a brief, general statement of each party’s case;
(4) a list of all exhibits and Rule 5.04 exhibit substitutes to be offered at trial with
notation of all objections thereto;
(5) a list of all witnesses who may be called at trial;
(6) a list of all expert witnesses including, as to each such witness, a statement
of the subject matter and a summary of the substance of his or her testimony;
(7) in cases in which any party claims money damages, a statement of the
elements of each such claim and the amount being sought with respect to
each such element;
(8) a list of all depositions to be offered in evidence at trial (as distinguished from
possible use for impeachment), including a designation of the pages and
lines to be offered from each deposition;
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(9) a concise statement of those facts which are admitted and will require no
proof at trial, together with any reservations directed to such admissions;
(10) a concise statement of applicable principles of law on which there is
(11) a concise statement of those issues of fact which remain to be litigated
(without incorporation by reference to prior pleadings and memoranda);
(12) a concise statement of those issues of law which remain for determination by
the Court (without incorporation by reference to prior pleadings or
(13) a concise statement of any disagreement as to the application of the Federal
Rules of Evidence or the Federal Rules of Civil Procedure;
(14) a list of all motions or other matters which require action by the Court; and
(15) the signatures of counsel for all parties.
(d) If a final pretrial conference is scheduled by the Court, lead trial counsel for each
party shall attend.
(e) All pleadings filed by any party prior to filing of the pretrial statement shall be deemed
to be merged therein, or in any subsequent pretrial order entered by the Court. The pretrial
statement and the pretrial order, if any, will control the course of the trial and may not be amended
except by order of the Court in the furtherance of justice. If new evidence or witnesses are
discovered after filing of the pretrial statement, the party desiring to use the same shall immediately
notify opposing counsel and the Court, and such use shall be permitted only by order of the Court
in the furtherance of justice.
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RULE 3.07 MARKING AND LISTING EXHIBITS
(a) In advance of trial and, when reasonable, in advance of evidentiary hearing, counsel for
each party in any case shall obtain from the Clerk (or from an outside source in the format utilized
by the Clerk or in a format approved by the presiding judge), tabs or labels. These tabs or labels
shall be used for the marking and identification of each exhibit proposed to be offered in evidence
or otherwise tendered to any witness during trial and evidentiary hearing and for the marking and
identification of photographs and reductions proposed to be offered with exhibits in accordance with
Rule 5.04. Counsel shall identify a photograph or reduction offered with an exhibit with the number
identifying the exhibit.
(b) Upon marking exhibits, counsel shall also prepare a list of such exhibits, in sequence,
with a descriptive notation sufficient to identify each separate numbered exhibit. Counsel shall
furnish copies of the list to opposing counsel and three copies to the Court at the commencement
of trial and, when reasonable, at the commencement of evidentiary hearing. (See also Rules 5.03
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RULE 3.08 NOTICE OF SETTLEMENTS; DISMISSAL
(a) It shall be the duty of all counsel to immediately notify the Court upon the settlement
of any case.
(b) When notified that a case has been settled and for purposes of administratively
closing the file, the Court may order that a case be dismissed subject to the right of any party to
move the Court within sixty (60) days thereafter (or within such other period of time as the Court may
specify) for the purpose of entering a stipulated form of final order or judgment; or, on good cause
shown, to reopen the case for further proceedings.
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RULE 3.09 CONTINUANCES
(a) No trial, hearing or other proceeding shall be continued upon stipulation of counsel
alone, but a continuance may be allowed by order of the Court for good cause shown.
(b) Failure to complete discovery procedures within the time established pursuant to Rule
3.05 of these rules shall not constitute cause for continuance unless such failure or inability is
brought to the attention of the Court at least sixty (60) days in advance of any scheduled trial date
and is not the result of lack of diligence in pursuing such discovery.
(c) Except for good cause shown, no continuance shall be granted on the ground that
a party or witness has not been served with process or a subpoena, as the case might be, unless
the moving party, at least five (5) days before the return date, has delivered the papers to be served
to the Marshal (or other appropriate person) for that purpose.
(d) Motions to continue trial must be signed by the attorney of record who shall certify
that the moving party has been informed of the motion and has consented to it.
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