STANDING PRE-TRIAL ORDER
DIVISION “F”
SIXTEENTH JUDICIAL DISTRICT COURT
January 1, 2015
It is ordered that the following rules shall apply to all pre-trial conferences held after January 1, 2015, in Division “F” of this Court:
1. Upon notification that a pre-trial conference has been scheduled, counsel for plaintiff, hereinafter referred to as “appointed counsel”, shall promptly arrange a meeting of all counsel sufficiently in advance of the pre-trial conference for the purpose of arriving at all possible stipulations, viewing, copying, exchanging and marking copies of all exhibits which will be offered in evidence, preparing a list of the names and addresses of all witnesses who may testify at the trial, and preparing for submission to the Court the proposed pre-trial stipulation hereinafter described. All other counsel shall cooperate with appointed counsel to facilitate and expedite the holding of this meeting.
2. Based upon the discussions held at the meeting of counsel with respect to the matters required to be covered in the pre-trial stipulation, appointed counsel will promptly prepare and submit to all other counsel a proposed pre-trial stipulation. All other counsel shall promptly indicate to appointed counsel any additions or corrections in writing. The final draft of the proposed pre-trial stipulation shall be approved and signed by counsel for all parties and shall be submitted by appointed counsel to the presiding judge of Division “F” so that it will be received by him not later than three full judicial days preceding the day on which the pre-trial conference is to be held. Should counsel for any party disagree with any part of the proposed pre-trial stipulation, that counsel shall state the reason therefor and attach a signed statement of opposition thereto prior to its submission to the Court, but shall nevertheless sign the proposed pre-trial stipulation which shall, under these circumstances, be considered to be approved only to the extent not contradicted in the attached statement of opposition.
3. The proposed pre-trial stipulation shall set forth:
A. A brief but comprehensive statement of the contentions of each party.
B. A brief statement of all facts established by the pleadings, stipulations, or admissions.
C. A brief statement setting forth the contested issues of fact.
D. A brief statement setting forth the contested issues of law.
E. A list and brief description of all exhibits to be offered in evidence together with a statement that the authenticity of said exhibits has been stipulated except as otherwise stated in the order.
F. A description of any anticipated amendments to the pleadings, which will not be permitted if the case is fixed for trial unless there is no opposition thereto.
G. The names and addresses of witnesses each party may call with a short statement of the nature of their expected testimony.
H. A deadline date for the exchange of any other trial information, whether requested or not (including, but not limited to reports, bills for services rendered or drugs purchased, documentary evidence and expert reports).
I. A deadline date for submitting and exchanging requested jury charges and verdicts and citations in support thereof, and another deadline date for submitting and exchanging responsive jury charges and verdicts and otherwise responding or objecting to those already submitted. The first deadline date to be no later than seventeen (17) days prior to the date of trial, and the second deadline date to be no later than ten (10) days prior to the date of trial.
J. Whether all medical and drug bills (funeral and burial bills) will be admitted into evidence subject to the right of defendants to question the materiality or relevance thereof, but without the necessity of the person issuing said bills to be present and to testify.
K. Whether this matter may be tried by a jury of eight persons, with the requirement that six of the eight jurors must concur in any verdict, with reduction of the number of peremptory challenges, say to four, for each side.
L. If there are more than one party to a side: how the challenges for that side will be distributed, and the total number per side.
M. In the event of any intervention by a workman’s compensation carrier, whether the parties shall agree to the stipulation attached as Exhibit A.
N. A brief statement as to any other matters, not previously covered, which may be relevant to a prompt and expeditious disposition of the litigation.
O. A statement as to the probable length of the trial.
4. Counsel attending the pre-trial conference shall be fully prepared to inform the Court on all matters pertinent to the litigation and shall be fully authorized to enter into stipulations, agreements, admissions of fact or law, and be able to discuss all issues of the case, including the possibility of settlement.
5. All parties to the lawsuit will be required to be present in Court during the trial. In the event of corporate parties, they are to be represented by an agent or officer with authority to settle up to the amount of the plaintiff’s claim or policy limits. They may confer that authority upon counsel if they wish, but Counsel will have to be prepared to so inform the Court at the beginning of trial.
6. A sample form of pre-trial stipulation, approved by the Court, is attached hereto.
7. The Clerk of this Court shall furnish to all counsel of record a copy of this order and the attached form with notice of the date and hour assigned for the pre-trial conference.
_________________________________________
GREGORY P. AUCOIN
DISTRICT JUDGE
Division “F”
16th Judicial District Court
EXHIBIT “A”
The parties stipulate that intervener was the Workmen’s Compensation insurer of plaintiff’s employer at the time of his alleged injuries which give rise to this lawsuit; that at such time plaintiff was in the course and scope of his employment; and that intervener has paid and perhaps is still paying compensation benefits and medical bills pursuant thereof, and that intervener is entitled to recover with preference and priority for all amounts it has paid an will pay under said Workmen’s Compensation policy out of any judgment in favor of plaintiff to be rendered herein; and is to be credited against said judgment to the extent of the amount thereof for any payments made in the future. The exact amounts will be stipulated between counsel prior to the beginning of trial.
SAMPLE
____________________________ 16TH JUDICIAL DISTRICT COURT
VERSUS NO. __________, DIV. “F” PARISH OF _________________
____________________________ STATE OF LOUISIANA
************************************************************************************************************
PRE-TRIAL STIPULATION
A pre-trial conference of attorneys was held in this matter before Gregory P. Aucoin, Judge, at _____________, Louisiana, on ____________, 20___ for trial to be held on ______________, 20____, at _____________, Louisiana.
THERE WERE PRESENT:
________________________________, counsel for Plaintiff;
________________________________, counsel for Defendant, _____________;
________________________________, counsel for intervener.
A. CONTENTIONS OF EACH PARTY:
Plaintiff contends that he was employed by King Company as a truck driver on December 23, 1978, and was injured in the course and scope of his employment when unloading the cargo of his truck on his employer’s premises, by being struck by a truck belonging to Ace Co., straining his back resulting in his total and permanent disability, pain and suffering.
Defendants contend that plaintiff is not totally and permanently disabled but was in fact only temporarily disabled for three months as a result of any injuries sustained in the alleged accident; that the accident resulted from plaintiff’s negligence in stepping into the path of defendant’s truck.
B. ESTABLISHED FACTS:
On December 23, 1978, plaintiff was employed by King Company as a truck driver and was unloading same when struck by defendant’s truck proceeding across the premises in a southerly direction. Said truck was covered by policy 21A4267 issued to Ace Co., by Ajax which was in full force and effect.
C. CONTESTED ISSUES OF FACT:
The happening of the accident, the cause thereof and any disability resulting therefrom.
D. CONTESTED ISSUES OF LAW:
None.
E. EXHIBITS:
Plaintiff will offer the following exhibits:
1. Statement for professional services rendered by Dr. Saw Bones.
2. Seven drug bills incurred by plaintiff at Pillroller Pharmacy, Inc.
3. Records of plaintiff’s hospitalization at Brokenbone Hospital, Inc.
Defendant will offer the following exhibits:
1. Copies of drafts for workman’s compensation benefits paid to plaintiff.
2. Copies of drafts for medical expenses paid on behalf of plaintiff to Brokenbone Hospital, Inc. and Pillroller Pharmacy, Inc.
The authenticity of all of the foregoing exhibits is stipulated.
F. AMENDMENT TO PLEADINGS:
The parties do not anticipate any amendments to the pleadings.
G. WITNESSES:
1. Plaintiff will call:
A. Himself and his wife, address, regarding the happening and facts of the accident and his disability.
B. Dr. Saw Bones, address, as to the nature and extent of plaintiff’s injuries and treatment thereof.
2. Defendant will call:
A. Hank Steele, driver of the Ace truck, regarding the facts of the accident.
H. EXCHANGE DEADLINE:
July 5, 1985 is the deadline for the exchange of any other trial information, whether requested or not, including expert reports.
I. REQUESTED CHARGES:
June 28, 1985 is the deadline for submitting and exchanging any requested jury charges and verdicts and citations in support thereof, and July 5, 1985 is the deadline for submitting and exchanging responsive charges and verdicts and otherwise responding or objecting to those already submitted.
J. MEDICAL AND DRUG BILLS:
All medical and drug bills will be admitted into evidence subject to the right of defendants to question the materiality or relevance thereof, but without the necessity of the person issuing said bills to be present and to testify.
K. NUMBER OF JURORS:
This matter will be tried by a jury of eight persons, with the requirement that six of the eight jurors must concur in any verdict, with reduction of the number of peremptory challenges to four for each side.
L. DISTRIBUTION OF CHALLENGES:
Plaintiff and intervener will share the four challenges for their side, and will agree as to their use and allocation; defendants will do the same with their four.
M. WORKMEN’S COMPENSATION INTERVENTION:
The parties stipulate that intervener was the Workmen’s Compensation insurer of plaintiff’s employer at the time of his alleged injuries which give rise to this lawsuit; that as such time plaintiff was in the course and scope of his employment; and that intervener has paid and perhaps is still paying compensation benefits and medical bills pursuant thereto, and that intervener is entitled to recover with preference and priority for all amounts it has paid and will pay under said Workmen’s Compensation policy out of any judgment in favor of plaintiff to be rendered herein; and is to be credited against said judgment to the extent
of the amount thereof for any payments made in the future. The exact amounts will be stipulated between counsel prior to the beginning of trial.
COUNSEL FOR PLAINTIFF
__________________________________
NAME
DATE:
COUNSEL FOR DEFENDANT
_______________________________________
NAME
DATE:
COUNSEL FOR INTERVENER:
______________________________________
NAME:
DATE:
_______________________________ 16TH JUDICIAL DISTRICT COURT
VERSUS NO. __________, DIV. “F” PARISH OF _________________
_______________________________ STATE OF LOUISIANA
***********************************************************************************************************
O R D E R
IT IS ORDERED by the Court that:
A. The foregoing pre-trial stipulation is approved and adopted as part of this Order.
B. The trial date of this matter for __________________ is hereby confirmed.
C. In default of exchanging trial information by the deadline date, witnesses not disclosed shall not be allowed to testify, and documents not disclosed will not be admitted into evidence.
D. In default of including citations of authority in support of requested jury charges or in opposition or response thereto, the same will not be considered. If no response is timely made to requested jury charges and verdicts initially submitted, it will be considered that the attorney failing to respond has no objection thereto.
E. All parties shall submit to the Judge and exchange pre-trial memoranda on any anticipated evidentiary problems and the law on or before ________________.
F. All correspondence directed to the Judge shall be addressed to his office in St. Mary Parish, 500 Main Street, Suite 612, Franklin, Louisiana 70538.
G. The Court further ordered that a copy of this pre-trial order be furnished to all attorneys involved, and gave a copy of its general jury charges to all counsel present.
THUS DONE AND SIGNED in Chambers at _______________, Louisiana, this ______ day of ______________, 20___.
_______________________________________________
GREGORY P. AUCOIN
District Judge
DIVISION “F”
SIXTEENTH JUDICIAL DISTRICT COURT
January 1, 2015
It is ordered that the following rules shall apply to all pre-trial conferences held after January 1, 2015, in Division “F” of this Court:
1. Upon notification that a pre-trial conference has been scheduled, counsel for plaintiff, hereinafter referred to as “appointed counsel”, shall promptly arrange a meeting of all counsel sufficiently in advance of the pre-trial conference for the purpose of arriving at all possible stipulations, viewing, copying, exchanging and marking copies of all exhibits which will be offered in evidence, preparing a list of the names and addresses of all witnesses who may testify at the trial, and preparing for submission to the Court the proposed pre-trial stipulation hereinafter described. All other counsel shall cooperate with appointed counsel to facilitate and expedite the holding of this meeting.
2. Based upon the discussions held at the meeting of counsel with respect to the matters required to be covered in the pre-trial stipulation, appointed counsel will promptly prepare and submit to all other counsel a proposed pre-trial stipulation. All other counsel shall promptly indicate to appointed counsel any additions or corrections in writing. The final draft of the proposed pre-trial stipulation shall be approved and signed by counsel for all parties and shall be submitted by appointed counsel to the presiding judge of Division “F” so that it will be received by him not later than three full judicial days preceding the day on which the pre-trial conference is to be held. Should counsel for any party disagree with any part of the proposed pre-trial stipulation, that counsel shall state the reason therefor and attach a signed statement of opposition thereto prior to its submission to the Court, but shall nevertheless sign the proposed pre-trial stipulation which shall, under these circumstances, be considered to be approved only to the extent not contradicted in the attached statement of opposition.
3. The proposed pre-trial stipulation shall set forth:
A. A brief but comprehensive statement of the contentions of each party.
B. A brief statement of all facts established by the pleadings, stipulations, or admissions.
C. A brief statement setting forth the contested issues of fact.
D. A brief statement setting forth the contested issues of law.
E. A list and brief description of all exhibits to be offered in evidence together with a statement that the authenticity of said exhibits has been stipulated except as otherwise stated in the order.
F. A description of any anticipated amendments to the pleadings, which will not be permitted if the case is fixed for trial unless there is no opposition thereto.
G. The names and addresses of witnesses each party may call with a short statement of the nature of their expected testimony.
H. A deadline date for the exchange of any other trial information, whether requested or not (including, but not limited to reports, bills for services rendered or drugs purchased, documentary evidence and expert reports).
I. A deadline date for submitting and exchanging requested jury charges and verdicts and citations in support thereof, and another deadline date for submitting and exchanging responsive jury charges and verdicts and otherwise responding or objecting to those already submitted. The first deadline date to be no later than seventeen (17) days prior to the date of trial, and the second deadline date to be no later than ten (10) days prior to the date of trial.
J. Whether all medical and drug bills (funeral and burial bills) will be admitted into evidence subject to the right of defendants to question the materiality or relevance thereof, but without the necessity of the person issuing said bills to be present and to testify.
K. Whether this matter may be tried by a jury of eight persons, with the requirement that six of the eight jurors must concur in any verdict, with reduction of the number of peremptory challenges, say to four, for each side.
L. If there are more than one party to a side: how the challenges for that side will be distributed, and the total number per side.
M. In the event of any intervention by a workman’s compensation carrier, whether the parties shall agree to the stipulation attached as Exhibit A.
N. A brief statement as to any other matters, not previously covered, which may be relevant to a prompt and expeditious disposition of the litigation.
O. A statement as to the probable length of the trial.
4. Counsel attending the pre-trial conference shall be fully prepared to inform the Court on all matters pertinent to the litigation and shall be fully authorized to enter into stipulations, agreements, admissions of fact or law, and be able to discuss all issues of the case, including the possibility of settlement.
5. All parties to the lawsuit will be required to be present in Court during the trial. In the event of corporate parties, they are to be represented by an agent or officer with authority to settle up to the amount of the plaintiff’s claim or policy limits. They may confer that authority upon counsel if they wish, but Counsel will have to be prepared to so inform the Court at the beginning of trial.
6. A sample form of pre-trial stipulation, approved by the Court, is attached hereto.
7. The Clerk of this Court shall furnish to all counsel of record a copy of this order and the attached form with notice of the date and hour assigned for the pre-trial conference.
_________________________________________
GREGORY P. AUCOIN
DISTRICT JUDGE
Division “F”
16th Judicial District Court
EXHIBIT “A”
The parties stipulate that intervener was the Workmen’s Compensation insurer of plaintiff’s employer at the time of his alleged injuries which give rise to this lawsuit; that at such time plaintiff was in the course and scope of his employment; and that intervener has paid and perhaps is still paying compensation benefits and medical bills pursuant thereof, and that intervener is entitled to recover with preference and priority for all amounts it has paid an will pay under said Workmen’s Compensation policy out of any judgment in favor of plaintiff to be rendered herein; and is to be credited against said judgment to the extent of the amount thereof for any payments made in the future. The exact amounts will be stipulated between counsel prior to the beginning of trial.
SAMPLE
____________________________ 16TH JUDICIAL DISTRICT COURT
VERSUS NO. __________, DIV. “F” PARISH OF _________________
____________________________ STATE OF LOUISIANA
************************************************************************************************************
PRE-TRIAL STIPULATION
A pre-trial conference of attorneys was held in this matter before Gregory P. Aucoin, Judge, at _____________, Louisiana, on ____________, 20___ for trial to be held on ______________, 20____, at _____________, Louisiana.
THERE WERE PRESENT:
________________________________, counsel for Plaintiff;
________________________________, counsel for Defendant, _____________;
________________________________, counsel for intervener.
A. CONTENTIONS OF EACH PARTY:
Plaintiff contends that he was employed by King Company as a truck driver on December 23, 1978, and was injured in the course and scope of his employment when unloading the cargo of his truck on his employer’s premises, by being struck by a truck belonging to Ace Co., straining his back resulting in his total and permanent disability, pain and suffering.
Defendants contend that plaintiff is not totally and permanently disabled but was in fact only temporarily disabled for three months as a result of any injuries sustained in the alleged accident; that the accident resulted from plaintiff’s negligence in stepping into the path of defendant’s truck.
B. ESTABLISHED FACTS:
On December 23, 1978, plaintiff was employed by King Company as a truck driver and was unloading same when struck by defendant’s truck proceeding across the premises in a southerly direction. Said truck was covered by policy 21A4267 issued to Ace Co., by Ajax which was in full force and effect.
C. CONTESTED ISSUES OF FACT:
The happening of the accident, the cause thereof and any disability resulting therefrom.
D. CONTESTED ISSUES OF LAW:
None.
E. EXHIBITS:
Plaintiff will offer the following exhibits:
1. Statement for professional services rendered by Dr. Saw Bones.
2. Seven drug bills incurred by plaintiff at Pillroller Pharmacy, Inc.
3. Records of plaintiff’s hospitalization at Brokenbone Hospital, Inc.
Defendant will offer the following exhibits:
1. Copies of drafts for workman’s compensation benefits paid to plaintiff.
2. Copies of drafts for medical expenses paid on behalf of plaintiff to Brokenbone Hospital, Inc. and Pillroller Pharmacy, Inc.
The authenticity of all of the foregoing exhibits is stipulated.
F. AMENDMENT TO PLEADINGS:
The parties do not anticipate any amendments to the pleadings.
G. WITNESSES:
1. Plaintiff will call:
A. Himself and his wife, address, regarding the happening and facts of the accident and his disability.
B. Dr. Saw Bones, address, as to the nature and extent of plaintiff’s injuries and treatment thereof.
2. Defendant will call:
A. Hank Steele, driver of the Ace truck, regarding the facts of the accident.
H. EXCHANGE DEADLINE:
July 5, 1985 is the deadline for the exchange of any other trial information, whether requested or not, including expert reports.
I. REQUESTED CHARGES:
June 28, 1985 is the deadline for submitting and exchanging any requested jury charges and verdicts and citations in support thereof, and July 5, 1985 is the deadline for submitting and exchanging responsive charges and verdicts and otherwise responding or objecting to those already submitted.
J. MEDICAL AND DRUG BILLS:
All medical and drug bills will be admitted into evidence subject to the right of defendants to question the materiality or relevance thereof, but without the necessity of the person issuing said bills to be present and to testify.
K. NUMBER OF JURORS:
This matter will be tried by a jury of eight persons, with the requirement that six of the eight jurors must concur in any verdict, with reduction of the number of peremptory challenges to four for each side.
L. DISTRIBUTION OF CHALLENGES:
Plaintiff and intervener will share the four challenges for their side, and will agree as to their use and allocation; defendants will do the same with their four.
M. WORKMEN’S COMPENSATION INTERVENTION:
The parties stipulate that intervener was the Workmen’s Compensation insurer of plaintiff’s employer at the time of his alleged injuries which give rise to this lawsuit; that as such time plaintiff was in the course and scope of his employment; and that intervener has paid and perhaps is still paying compensation benefits and medical bills pursuant thereto, and that intervener is entitled to recover with preference and priority for all amounts it has paid and will pay under said Workmen’s Compensation policy out of any judgment in favor of plaintiff to be rendered herein; and is to be credited against said judgment to the extent
of the amount thereof for any payments made in the future. The exact amounts will be stipulated between counsel prior to the beginning of trial.
COUNSEL FOR PLAINTIFF
__________________________________
NAME
DATE:
COUNSEL FOR DEFENDANT
_______________________________________
NAME
DATE:
COUNSEL FOR INTERVENER:
______________________________________
NAME:
DATE:
_______________________________ 16TH JUDICIAL DISTRICT COURT
VERSUS NO. __________, DIV. “F” PARISH OF _________________
_______________________________ STATE OF LOUISIANA
***********************************************************************************************************
O R D E R
IT IS ORDERED by the Court that:
A. The foregoing pre-trial stipulation is approved and adopted as part of this Order.
B. The trial date of this matter for __________________ is hereby confirmed.
C. In default of exchanging trial information by the deadline date, witnesses not disclosed shall not be allowed to testify, and documents not disclosed will not be admitted into evidence.
D. In default of including citations of authority in support of requested jury charges or in opposition or response thereto, the same will not be considered. If no response is timely made to requested jury charges and verdicts initially submitted, it will be considered that the attorney failing to respond has no objection thereto.
E. All parties shall submit to the Judge and exchange pre-trial memoranda on any anticipated evidentiary problems and the law on or before ________________.
F. All correspondence directed to the Judge shall be addressed to his office in St. Mary Parish, 500 Main Street, Suite 612, Franklin, Louisiana 70538.
G. The Court further ordered that a copy of this pre-trial order be furnished to all attorneys involved, and gave a copy of its general jury charges to all counsel present.
THUS DONE AND SIGNED in Chambers at _______________, Louisiana, this ______ day of ______________, 20___.
_______________________________________________
GREGORY P. AUCOIN
District Judge
