Unless Otherwise Ordered, Counsel for Plaintiff shall prepare the Pre-Trial Order

Listed below are matters ordinarily included in a Pre-Trial Order. For convenience of Court and counsel, it is suggested that the FOLLOWING SEQUENCE BE USED in the preparation of the Pre-Trial Order in those cases where it is feasible to do so, WITH EACH OF THE ITEMS LISTED BELOW CAPITALIZED AS A HEADING:

1. DATE AND APPEARANCES

Date of the Pre-Trial Conference and appearances for the parties.

2. JURISDICTION

Admitted or denied. If admitted, state the basis of jurisdiction; if denied, here insert the Court's Order for determination of the jurisdictional questions.

3. AMENDMENTS TO PLEADINGS

If none requested, insert "none"; if any are offered, set forth Court's ruling relative to same.

4. PRELIMINARY MOTIONS REMAINING TO BE DETERMINED

If there are no preliminary motions to be decided, it is sufficient to state "none"; otherwise here set forth Court's Order as to disposi-tion.

5. (A) GENERAL NATURE OF THE CLAIMS OF THE PARTIES

(1) Plaintiff claims: (Set out brief summary without detail.)

(2) Defendant claims: (Set out brief summary without detail.)

(3) All other parties claims: (Same type of statement where third parties are involved.)

(B) UNCONTROVERTED FACTS

The following facts are established by admissions in the pleadings or by stipulations of counsel at the Pre-Trial Conference: (set out uncontroverted facts.)

6. ISSUES OF FACT AND LAW

(A) CONTESTED ISSUES OF FACT: The contested issues of fact remaining for decision are: (set out)

(B) CONTESTED ISSUES OF LAW: The contested issues of law in addition to those implicit in the foregoing issues of fact, are: (set out) OR: There were no special issues of law reserved other than those implicit in the foregoing issues of fact.

7. WITNESSES

(A) In the absence of reasonable notice to opposing counsel to the contrary, plaintiff will call, or will have available at the trial: (list) Plaintiff may call: (list)

(B) In the absence of reasonable notice to opposing counsel to the contrary, defendant will call, or will have available at the trial: (list) Defendant may call: (list)

(C) In the absence of reasonable notice to opposing counsel to the contrary, _______________ will call, or _____________ may call: (list) (use for third parties, if any.)

(D) In the event other witnesses are to be called at the trial, a statement of their names and addresses and the general subject matter of their testimony will be served upon opposing counsel and filed with the Court at least - days prior to trial.

8. EXHIBITS

There were identified and offered the following:

(A) Plaintiffs Exhibits: (list exhibits by number.)

(B) Defendant's Exhibits: (list exhibits by letter.)

(C) Exhibits of Other Parties, if involved: Except as otherwise indicated, the authenticity of received exhibits has been stipulated but they have been received subject to objections, if any, by the opposing party at the trial as to their relevancy and materiality. If other exhibits are to be offered and their necessity reasonably can be anticipated, they will be submitted to opposing counsel at least _____ days prior to the trial. (Note any exceptions or special provisions.)

9. DISCOVERY

Discovery has been completed. OR: Discovery is to be completed by _______________ . OR: Further discovery is limited to _______________ . OR: The following provisions were made for discovery: (specify)

10. MISCELLANEOUS ORDERS

Here set forth any orders not properly includable elsewhere.

11. MODIFICATIONS - INTERPRETATION

Unless otherwise ordered, the following paragraph shall be included in each Pre-Trial Order:

Hereafter, this Order will control the course of the trial and may not be amended except by consent of the parties and the Court, or by Order of the Court to prevent manifest injustice. The pleadings will be deemed merged herein. In the event of ambiguity in any provision of this Order reference may be made to the records of this conference to the extent reported by stenographic notes, and to the pleadings.

12. TRIAL AND ESTIMATED TIME

State whether trial to Court or Jury, estimated trial time, and any other orders pertinent thereto.

NOTE: Unless otherwise ordered, the Pre-Trial Order shall be approved by counsel for all parties prior to its submission to the Court. In case of disagreement, dissenting counsel shall file written objections with the Court within five days after the proposed Order is submitted to the Court.