Rule 8.2 - Pre-trial orderAt the pre-trial conference, or prior to that day as specified in the pre-trial calendar, counsel for each party shall have prepared and shall file with the court a proposed pre-trial order in substantially the following form. The words ``plaintiff'' and ``defendant'' may be changed if other words are more appropriate.
IN THE PROBATE COURT OF ______ COUNTY
STATE OF GEORGIA
| (STYLE OF CASE) | ESTATE NO. ___ |
PRE-TRIAL ORDER
The following constitutes a Pre-Trial Order entered in the above-styled case after conference with counsel for the parties:
(1) The names, addresses and telephone numbers of the attorneys who will conduct the trial are as follows: Plaintiff
____________________________________________________________
Defendant
____________________________________________________________
Other
____________________________________________________________
(2) The estimated time required for trial is ____________________________(3) There are no motions or other matters pending for consideration by the court except as follows: ___________________________________________________________________________________(4) If applicable, the jury will be qualified as to relationship with the following: ___________________________________________________________________________________(5)a. All discovery has been completed, unless otherwise noted, and the court will not consider any further motions to compel discovery except for good cause shown. The parties, however, shall be permitted to take depositions of any person(s) for the preservation of evidence for use at trial. b. Unless otherwise noted, the names of the parties as shown in the caption to this order are correct and complete and there is no question by any party as to the misjoinder or nonjoinder of any parties.(6) The following is the Plaintiff's brief and succinct outline of the case and contentions: (USE SPACE AS NEEDED)(7) The following is the Defendant's brief and succinct outline of the case and contentions: (USE SPACE AS NEEDED) (8) The issues for determination are as follows: ____________________________________________________________________________________(9) The following facts are stipulated: ____________________________________________________________________________________(10) The following is a list of all documentary and physical evidence that will be tendered at the trial by the Plaintiff or Defendant. Unless noted, the parties have stipulated as to the authenticity of the documents listed and the exhibits listed may be admitted without further proof of authenticity. All exhibits shall be marked by counsel prior to trial so as not to delay the trial. a. By the Plaintiff: ____________________________________________________________________________________b. By the Defendant: ____________________________________________________________________________________(11) Special authorities relied upon by Plaintiff relating to peculiar evidentiary or other legal questions are as follows: ____________________________________________________________________________________(12) Special authorities relied upon by Defendant relating to peculiar evidentiary or other legal questions are as follows: ____________________________________________________________________________________(13) If applicable, requests and exceptions to charge All requests to charge shall be numbered consecutively on separate sheets of paper and submitted to the court in duplicate by counsel for all parties at the commencement of trial, unless otherwise provided by pre-trial order; provided, however, that additional requests may be submitted to cover unanticipated points that arise thereafter. (14) The testimony of the following persons may be introduced by depositions: ____________________________________________________________________________________ Any objection to the depositions or questions or arguments in the depositions shall be called to the attention of the court prior to trial.
(15) The following are lists of witnesses the a. Plaintiff will have present at trial: ____________________________________________________________________________________b. Plaintiff may have present at trial: ____________________________________________________________________________________c. Defendant will have present at trial: ____________________________________________________________________________________d. Defendant may have present at trial: ____________________________________________________________________________________ Opposing counsel may rely on representation by the designated party that he will have a witness present unless notice to the contrary is given in sufficient time prior to trial to allow the other party to subpoena the witness or obtain his testimony by other means.
(16) If applicable, the forms of all possible verdicts to be considered by the jury are as follows: _____________________________________________________________________________________(17)a. The possibilities of settling the case are: _____________________________________________________________________________________b. The parties do/do not want the case reported. If they do, _________ will arrange for the reporter. c. The cost of take-down will be paid by: _______________________________________d. Other matters: | Submitted by: |
| ___________________________________ |
| ___________________________________ |
It is hereby ordered that the foregoing, including the attachments thereto, constitutes the PRE-TRIAL ORDER in the above case and supersedes the pleadings which may not be further amended except by order of the court to prevent manifest injustice.
This ______ day of ______, 20___.
| ___________________________________ |
| Judge, Probate Court |
| _____________________ County |