Rule 5. Pre-trial order and pre-trial conference.
(a) Pre-trial. Unless otherwise ordered by the court, a pre-trial conference shall be held in all contested civil cases.
(b) Not later than seven days prior to the pre-trial conference, Plaintiff shall convene a conference of all parties for the purpose of preparing a pre-trial order. The proposed pre-trial order shall be presented for signature at the pre-trial conference. In the event of a dispute as to the contents of the order, such dispute shall be presented to the judge for resolution at the pre-trial conference.
(c) Pre-trial Order. The pre-trial order shall be substantially in the following form:
(TITLE OF COURT AND CAUSE)
Pursuant to Rule 16 of the Montana Rules of Civil Procedure, a pre-trial conference was held in the above-entitled cause on the ____ day of ________, 20__, at ___ o'clock __.m.
___________________________________ represented the plaintiff(s). ___________________________________ represented the defendant(s). _________________________________________________________________ _________________________________________ (other appearances) were also present.
AGREED FACTS
The following facts are admitted, agreed to be true, and require no proof:
(Here enumerate all agreed facts, including facts admitted in the pleadings.)
PLAINTIFF'S CONTENTIONS
Plaintiff's contentions are as follows:
1.
2.
DEFENDANT'S CONTENTIONS
1.
2.
EXHIBITS
Attached to the pre-trial order are exhibit lists identifying by number and brief description each exhibit and stating any objections to the exhibits. Any exhibit offered at the trial to which no objection was made in the pre-trial order will be admitted into evidence.
WITNESSES
The following witnesses and no others will (may) be called to testify except on rebuttal:
Plaintiff
1.
2.
Defendant
1.
2.
ISSUES OF FACT
The following issues of fact, and no others, remain to be litigated upon the trial: (Here specify each issue.)
1.
2.
ISSUES OF LAW
The following issues of law, and no others, remain to be litigated upon the trial: (Here set forth a concise statement of each.)
1.
2.
DISCOVERY
The final pre-trial order shall refer to all those portions of depositions upon oral examination and interrogatories, requests for admissions, and answers and responses that the parties intend to introduce into evidence. Any objections to the use of the above documents shall be stated, and if not stated, shall be deemed waived. (Because this Rule relates to filing and is designed to consolidate in one place all of the fruits of discovery and because there can be no surprise element involved, the court shall be liberal in permitting the amendment of the pre-trial order to include any material not originally listed.)
ADDITIONAL PRE-TRIAL DISCOVERY
(Here specify any additional discovery contemplated by either party and the time within which such discovery will be completed.)
STIPULATIONS
(Here include any stipulations in addition to the agreed facts set forth above.)
DETERMINATION OF LEGAL QUESTIONS IN ADVANCE OF TRIAL
It was agreed that the following legal issues should be determined by the court in advance of the trial.
(Here specify issues and make provision for filing briefs with respect to such issues.)
ADDITIONAL ISSUES
Additional issues to be determined and/or addressed include:
order of proof where there is a counterclaim;
attorney's fees testimony and/or proof;
time of filing and service of trial briefs and other issues.
JURY SELECTION AND PROCESS
Order and method of selection, stipulation that jury will be selected or drawn, numbering of panel, number of challenges, time to file instructions, length of time on voir dire.
TRIAL
It is estimated that the case will require ____ hours/days for trial.
The case will be tried before the court with (without) a jury.
IT IS HEREBY ORDERED that this pre-trial order shall supersede the pleadings and govern the course of the trial of this cause, unless modified to prevent manifest injustice.
IT IS HEREBY ORDERED that all pleadings herein shall be amended to conform to this pretrial order.
DATED this ____ day of _____________, 20__.
___________________________
District Judge
Approved as to form and content.
___________________________
Attorney for Plaintiff
___________________________
Attorney for Defendant
History: En. Sup. Ct. Ord. May 29, 1987, eff. June 1, 1987; amd. Sup. Ct. Ord. No. AF 07-0110, March 15, 2011, eff. Oct. 1, 2011; amd. Sup. Ct. Ord. No. AF 07-0110, November 29, 2011, eff. March 1, 2012.
