CaseMark Pre-Trial Statement / Report
Draft a court-compliant pre-trial statement that narrows issues and provides the trial roadmap.
Quick Start
Gather before drafting:
- Local rules / judge order — controls required sections and format.
- Case posture — claims, defenses, key rulings.
- Stipulated facts — agreed wording from opposing counsel (if joint).
- Contested issues — law and fact, aligned to trial themes.
- Witness disclosures and expert reports.
- Exhibit inventory — Bates numbers, exhibit IDs.
- Trial management inputs — length, jury/bench, motions in limine status.
Document Structure
- Caption + Title
- Introductory paragraph (filing type, governing order)
- Stipulated Facts
- Contested Issues of Law
- Contested Issues of Fact
- Witness List
- Exhibit List
- Procedural / Trial Management Matters
- Signature block(s) per local rule
Section Details
Stipulated Facts
One fact per number; use verbatim agreed wording. Non-argumentative only.
| No. | Stipulated Fact (verbatim) | Source / Record Cite | Notes |
|---|
Contested Issues of Law
Frame each as a discrete question the court must decide.
| No. | Legal Issue (question) | Authority | Impact on Trial |
|---|
Phrasing patterns:
- "Whether [legal standard] applies to [claim/defense] where [key fact]…"
- "Whether [doctrine] bars [claim] given [contract/statute]…"
Contested Issues of Fact
State neutrally at meaningful granularity.
| No. | Factual Issue (neutral) | Key Evidence Sources | Notes |
|---|
Phrasing patterns:
- "Whether [party] represented [fact] on [date]."
- "Whether [event] caused [harm/damages]."
Witness List
Only properly disclosed witnesses; flag proposed additions.
| Order | Witness Name | Type (Fact/Expert) | City/State | Subject of Testimony | Disclosure / Report |
|---|
Exhibit List
Follow local numbering convention and joint numbering rules.
| Exh No. | Description | Bates / ID | Offered By | Objection / Stipulation |
|---|
Procedural / Trial Management Matters
Include only items required by local rule or judge order:
- Trial type (jury/bench) and estimated length
- Damages categories and amounts (if required)
- Motions in limine list and status
- Deposition designations and counter-designations
- Technology / courtroom needs
- Proposed jury instructions or verdict form issues (if required)
- Bifurcation / sequencing proposals
- ADR history or settlement status (if allowed by rule)
Signature Block
Include counsel signatures per local rule. If joint, include all parties.
Pitfalls & Checks
- Local rules and judge orders are controlling authority — verify required sections and format before drafting.
- Never concede contested elements in stipulated facts or issue framing.
- Stipulated facts must be purely factual, actually agreed, and non-argumentative.
- Align issues with claims/defenses and anticipated jury instructions.
- Verify every witness and exhibit is properly disclosed; flag gaps.
- Maintain consistent numbering and labels throughout.
- Confirm page limits, font, spacing, and header/footer requirements.
- Flag missing inputs or unresolved joint wording for attorney review.
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