Pretrial Statement

(a) Unless the court orders otherwise, the parties shall file a joint pre-trial statement within the time provided in the court’s pre-trial order. The form and content of the pre-trial -56- statement may be covered by the Judicial Practices and Procedures of the assigned judge, which are available on the court’s website, or by a previously entered pre-trial order. (b) If neither the assigned judge’s Judicial Practices and Procedures nor pre-trial order specify the form and content of the joint pre-trial statement, the statement should address the following: (1) Basis of jurisdiction. (2) Whether the matter is a non-core matter, a core matter over which the bankruptcy judge may enter a final order or judgment, or a core matter over which the bankruptcy judge may not enter a final order or judgment.

(3) If the adversary proceeding is a non-core matter or a core matter over which the bankruptcy judge may not enter a final order or judgment, whether the parties have previously consented or now consent to the bankruptcy judge entering a final order or judgment. (4) Statement of uncontested facts. (5) Statement of facts which are in dispute. (6) Damages or other relief.

A statement of damages claimed or relief sought. A party seeking damages shall list each item claimed under a separate descriptive heading, shall provide a detailed description of each item and state the amount of damages claimed. A party seeking relief other than damages shall list the exact form of relief sought with precise designations of persons, parties, places and things expected to be included in any order providing relief. (7) Legal issues presented set forth in separate paragraphs and the constitutional, statutory, regulatory and decisional authorities relied on.

(A brief statement regarding which party has the burden of proof on each legal issue should also be included). (8) Witnesses' names and addresses listed separately for liability and damages in the order they will be called along with a brief statement of the evidence the witnesses will give. Expert witnesses shall be identified as experts and a summary of the experts' qualifications shall be attached. (9) A list of all exhibits to be offered into evidence which shall be serially numbered and physically marked before trial.

(10) A list of each discovery item and trial deposition to be offered into evidence. (Counsel shall designate by page the portion of deposition testimony and by number the interrogatories which shall be offered in evidence at trial). (11) A list of any motion in limine that needs to be resolved prior to trial. The nature of the issue shall be described in sufficient detail to facilitate a discussion -57- of the issue at a pre-trial conference and to permit the court to issue a scheduling order for the motion in limine.

(12) Estimated trial time. (13) A certification that the parties have attempted good faith settlement discussions without success.