Pre-Trial Statement Drafting Workflow

You are tasked with drafting a comprehensive Pre-Trial Statement for litigation proceedings. This document serves as a critical roadmap for the court and opposing counsel, outlining the case's current posture, anticipated evidence, and trial requirements.

Initial Case Assessment and Document Review

Begin by conducting a thorough review of all uploaded case materials to establish the factual and procedural foundation. Search through pleadings, discovery responses, deposition transcripts, and correspondence to extract key information about the parties, claims, defenses, and case timeline. Pay particular attention to any stipulations or agreements already reached between the parties, as these will form the basis of your undisputed facts section. Identify all witnesses mentioned across documents, noting their anticipated testimony and relevance to specific claims or defenses.

Caption and Jurisdictional Requirements

Draft the caption according to the specific court's local rules and formatting requirements. Include the full court name, case number, judge assignment if applicable, and complete party designations with their procedural roles (plaintiff, defendant, cross-complainant, etc.). Research the jurisdiction's specific requirements for pre-trial statement formatting, as courts often have particular preferences regarding font, margins, section organization, and filing procedures. Verify whether the court requires electronic filing and any associated technical specifications.

Case Introduction and Procedural History

Compose a concise introduction that provides the court with essential context. Summarize the nature of the action, the primary legal theories at issue, and the relief sought by each party. Include a brief procedural history highlighting key dates such as filing, service, significant motion practice, discovery cutoff, and any previous court conferences or orders. This section should be factual and neutral in tone, setting the stage for the more detailed sections that follow while giving the court an immediate understanding of the case's scope and current status.

Statement of Undisputed Facts

Compile a comprehensive list of facts that all parties have agreed are not in dispute. Review stipulations, responses to requests for admission, and any joint pre-trial statements or meet-and-confer correspondence to identify these agreed-upon facts. Present each fact as a separate, numbered paragraph using clear, declarative sentences. These facts should establish uncontroversial background information, timeline elements, and foundational matters that will streamline the trial. Ensure each fact is truly undisputed—if there is any ambiguity or partial disagreement, the matter belongs in the contested issues section instead.

Contested Issues of Fact and Law

Articulate the specific factual disputes that require resolution at trial, presenting each party's position clearly and objectively. For each contested factual issue, briefly explain why it is material to the outcome. Then address the legal issues in dispute, identifying the applicable statutes, regulations, or common law principles at issue. Research and cite controlling authority for each legal proposition, ensuring citations are properly formatted in Bluebook style. When legal standards are disputed, present both parties' interpretations and the supporting authority for each position. This section should demonstrate to the court exactly what questions—both factual and legal—the trial must resolve.

Witness List and Testimony Summaries

Prepare a detailed witness list organized by party. For each witness, provide their full name, address (or indicate if address is protected), and a concise summary of their anticipated testimony. Explain how each witness's testimony relates to specific claims, defenses, or elements that must be proven. Distinguish between fact witnesses and expert witnesses, providing expert qualifications and the general subject matter of their expected opinions. If expert reports have been exchanged, reference the key opinions and methodologies. Note any witnesses who may be called by multiple parties and indicate whether testimony will be live or by deposition designation.

Exhibits and Documentary Evidence

Create a comprehensive exhibit list identifying all documents, physical evidence, and demonstrative aids you anticipate introducing at trial. Organize exhibits logically, typically by chronological order or by topic, and assign each a unique identifier. For each exhibit, provide a brief description sufficient for the court and opposing counsel to identify it, note the source or custodian, and indicate whether authenticity or admissibility is disputed. Reference any exhibits that have been pre-marked during depositions. Address any anticipated evidentiary issues, such as hearsay objections, authentication requirements, or relevance disputes, and cite the applicable evidence rules. If voluminous documents will be introduced, explain your organization system and any summaries you plan to use.

Trial Logistics and Special Requirements

Provide a realistic estimate of trial duration based on the number of witnesses, complexity of issues, and anticipated examination time. Break down the estimate by party if helpful (e.g., plaintiff's case-in-chief: 3 days; defendant's case: 2 days). Identify any special scheduling needs, such as witness availability constraints, interpreter requirements, or technology needs for presenting electronic evidence. Note any pending motions that may affect trial preparation, including motions in limine, Daubert challenges to expert testimony, or summary judgment motions. If jury instructions are at issue, identify the disputed instructions and the legal basis for your position. Specify any requests for special verdict forms or bifurcation of issues.

Settlement Posture and Alternative Dispute Resolution

Briefly and professionally address the current settlement status without disclosing privileged communications or specific settlement positions. Indicate whether the parties have engaged in meaningful settlement discussions, participated in mediation, or are willing to participate in further settlement conferences. Note any court-ordered settlement conference dates. If settlement appears unlikely, state this diplomatically while remaining open to the possibility. This section demonstrates to the court that parties have fulfilled their obligation to explore resolution while managing expectations about the likelihood of trial.

Final Document Assembly and Quality Control

Once all sections are complete, assemble the full Pre-Trial Statement ensuring consistent formatting, proper pagination, and a complete table of contents if required by local rules. Verify that all citations are accurate and properly formatted, all cross-references are correct, and the document complies with any page limits or other restrictions. Include a signature block with the attorney's name, bar number, firm information, and contact details. Prepare the document for filing according to the court's requirements, whether electronic or paper filing. The final document should be professional, comprehensive, and demonstrate thorough trial preparation while serving as an effective roadmap for the court and all parties.