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.