Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by order of the judge. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the judge or magistrate. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.
The pretrial statement or memorandum may include a brief statement of the material facts as claimed by each party and of the points of law, and a citation of authorities in support of each point, on which the party intends to rely at the trial. It may also include a list of all exhibits each party expects to offer at the trial, other than those to be used for impeachment, with a sufficient description of each exhibit and a statement of the purpose for which it will be offered.
A pretrial memorandum is a legal document submitted by the parties involved in a lawsuit before the trial begins. It outlines the issues, arguments, evidence, and witnesses that will be presented during the trial. This document serves as a roadmap for the court and assists in the efficient management of the litigation process. An example of a pretrial memorandum typically includes the following sections: 1. Introduction: This section provides a brief overview of the case, including the parties involved, the nature of the dispute, and the key legal claims or defenses. 2. Statement of Facts: Here, each party presents a clear and concise account of the factual background of the case. This includes important events, dates, locations, and any relevant evidence or documents. 3. Legal Issues: This section identifies the legal issues to be resolved at trial. It explains the legal principles that apply to the case, cites relevant statutes or case law, and outlines the arguments that will be made to support each party's position. 4. Witness List: Both parties provide a list of witnesses they intend to call during the trial. It includes the witness's name, affiliation (if any), and a summary of their expected testimony. The purpose of this section is to provide the court with an overview of the witnesses and the issues they will address. 5. Exhibit List: This section lists the documents, photographs, videos, or any other physical evidence that will be presented at trial. Each exhibit is identified by a number or letter and is briefly described to establish its relevance. 6. Proposed Jury Instructions: If the case is a jury trial, each party may include a list of proposed jury instructions. These are the legal instructions that the party believes the judge should give to the jury regarding the applicable law, burdens of proof, and other relevant legal instructions. 7. Motions in Liming: Parties often include a section requesting the court to exclude certain evidence or arguments during the trial. These are called "motions in liming." The memorandum will outline the reasons for the requested exclusions and the legal basis supporting each motion. 8. Settlement Discussions: If settlement discussions have occurred before trial, this section discusses the details of any settlement offers or negotiations made by either party. It may also outline any unresolved issues prompting the continuation of the trial. Other examples of pretrial memoranda may vary depending on the jurisdiction or the nature of the case. However, the fundamental purpose remains the same — to provide a comprehensive overview of the case and assist the court in understanding the parties' positions and the issues to be resolved at trial.
