PRE-TRIAL CONFERENCE CHECK LIST
A pre-trial conference check list shall be prepared by counsel for each party and furnished to the Court and opposing counsel at least two business days prior to the date set for the first pre-trial conference. Said check list shall be in substantially the following form: (Material in parentheses is merely explanatory and is not a part of the form).
STATE OF SOUTH DAKOTA | ) | SS IN CIRCUIT COURT |
COUNTY OF _____________ | ) | ________ JUDICIAL CIRCUIT |
(CAPTION) | ) | File No. ________ |
PRE-TRIAL CONFERENCE CHECK LIST
1.Issues remaining for trial: (Set forth the issues joined by the pleadings which have not been disposed of by pre-trial motion or agreement of the parties).2.Fact summary: (Set forth a summary of the facts the party believes will be proven by the evidence).3.Uncontroverted and stipulated facts: (Set forth uncontroverted and agreed upon facts, if any, and any which, although not yet agreed upon, could be).4.Legal questions: (Set forth the legal questions raised by the issues. Either note citations here or attach a pre-trial brief with respect to these questions).5.Witnesses--Nature of testimony and availability: (List witnesses, state nature of their testimony, whether deposition has been taken or is desired, and availability of witness--notice required, location, any problems involved, etc.)6.Trial time: (Set forth the estimated time required for trial of the case to the 1/2 day, including impaneling of a jury, if a jury trial).7.Date certain: (State either "Requested" or "Not Requested." If requested, set forth reason why and dates when counsel, party and witnesses will be ready and available for trial. If not requested, set forth number of days or weeks of advance notice required--if more than one week, explain).8.Jury instructions: (In jury cases, proposed instructions shall be prepared on the issues by the party having the burden of proof on such an issue. The party bringing the action shall also prepare the general instructions, involving the burden of proof, verdict and other routine matters). (Where applicable, South Dakota Pattern Instructions shall be used. Proposed instructions shall be prepared in accordance with the provisions of SDCL 15-6-51(a). The source of the instructions shall appear on the copies. The original and one copy shall accompany the original of the pre-trial check list furnished to the Court. Copies shall accompany copies of the check list furnished to opposing counsel).
9.Motions pending: (List motions in pleadings, etc., remaining to be disposed of).10.Exhibits: (List all exhibits you intend to use at trial).11.Other: (set forth other matters which you feel should be discussed at the pre-trial conference).Dated this __________ day of ________________, 20 ____.
Attorney for: _________________________________________________
Address: ____________________________________________________
Phone: ______________________________________________________
SL 1990, ch 444 (Supreme Court Order dated April 7, 1989).