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Adversary Proceedings: PRETRIAL STIPULATION and PRETRIAL ORDER

7016-1(b):  Adversary Proceedings: PRETRIAL STIPULATION and PRETRIAL ORDER

A pretrial stipulation is a document prepared by all parties to the adversary proceeding that helps all parties and the court prepare to conduct a trial.  A pretrial stipulation contains information that the parties agree are not in dispute and agree are in dispute.  For facts and law that are in dispute, a judge may require that the parties identify the law and facts on which they intend to rely.  A judge may also require that all parties submit exhibits on which they intend to rely to prove their claims or to defend against claims.  

The court does not offer a "form" to use to prepare a pretrial stipulation or a pre-trial order.   However, check your judge's webpage to see if there are specific instructions for what is to be included in the stipulation or order.  

A pretrial stipulation will be reviewed by the court, and after the court approves the contents of the pretrial stipulation, the court will "order" that the pretrial stipulation is approved.  

  • Some judges require that you lodge BOTH the pretrial stipulation and pretrial order together as one document.
  • Other judges require that you FILE the pretrial stipulation and LODGE a simple order approving the pretrial stipulation.
  • LBR 7016-1(b) directs that you check your judge's webpage to determine if there are instructions. 
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
7016-1(b)
Reference to Local Rules and/or Forms: