Alabama Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case

State:
Multi-State
Control #:
US-03362BG
Format:
Word; 
Rich Text
Instant download

Description

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.


This form is a sample of such a case.

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  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case

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FAQ

The judge must issue the scheduling order as soon as practicable, but unless the judge finds good cause for delay, the judge must issue it within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared.

The purpose of Rule 16, in layman's terms, establishes the powers and responsibilities of the court, as it relates to discovery. Rule 16 first lays out the reasons for a Pretrial Conference. The rationale for this conference is directly in line with the other FRCP Amendment goals.

Rule 16 provides for the timing of a judge to arrange a pretrial conference with attorneys and any unrepresented parties and to issue a scheduling order. Prior to the Rule 16 conference with the judge, the attorneys for the parties will meet among themselves and prepare a proposed order pursuant to Rule 26(f).

The purpose of a trial memorandum is to assist the court at trial. Among other things, a trial memo might include: An outline of the important facts and how those facts support your claims. A list of the claims for relief you included in your pleadings and the damages being sought for each claim.

Rule 16 conferences that deal with discovery of electronically stored information may be of significant value to the parties and to the court. New item (6) makes specific reference to consideration at the pre-trial conference of matters relating to electronically stored information.

Rule 16(f) also states the court may impose sanctions, but must order the payment of attorney fees/costs. This cost may be imposed on both the attorney and the client for their misconduct.

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Alabama Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case