KSB

Chief Judge Nugent

Pretrial Order - Revised for CM/ECF

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Revised 01/26/05 ECF CHANGES ONLY
[FOR USE IN ADVERSARY PROCEEDINGS AND CONTESTED MATTERS]
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS

__________________, ) Case No.
__________________, ) Chapter
)
Debtor(s). )
)
)
)
, )
, )
)
Plaintiff(s), )
)
vs. ) Adversary No. [omit in contested matters]
)
, )
, )
)
Defendant(s). )
)
)


U.S. BANKRUPTCY COURT
Final Pretrial Conference Order
(Insert Case Number)
(Insert Case Name)
PRETRIAL ORDER

On _______________, 20__, a pretrial conference was held in this case at
, Kansas, before the Honorable (Judge Name), Bankruptcy Judge.

1. APPEARANCES
Counsel present and participating were (name of trial counsel) of (firm name) for the
plaintiff, (name of plaintiff) , and (name of trial counsel) of (firm name) for the defendant (name of
defendant).

2. JURISDICTION AND CONSENT TO FINAL ORDER
The parties to the above captioned (adversary proceeding) (contested matter) stipulate to the
jurisdiction of the Court and consent to the trial and entry of a final order by the Bankruptcy Court.

3. NATURE OF CASE
[Please set out a brief, general statement of the nature of the case or matter, specifying
applicable statutory references; concisely identify the parties and their respective positions.]


U.S. BANKRUPTCY COURT
Final Pretrial Conference Order
(Insert Case Number)
(Insert Case Name)
4. AMENDMENTS TO PLEADINGS
There are no amendments to the pleadings.

(or)

________________________ moved to amend his/her/its _________________
to allege ____________________. Having heard the arguments of counsel and being fully informed,
said motion was (overruled) (sustained).

5. DISPOSITIVE MOTIONS
____There are no DISPOSITIVE motions to be filed.

(or)

____Dispositive motions have been filed and are pending as follows
___________________________________________________________.

(or)

Dispositive motions will be filed by , 20 ; responses/objections to same
will be filed twenty (23) calendar days thereafter pursuant to L.B.R. 7012.1 and/or 7056.1. When all
briefing is complete, the motions will be brought to the Court’s attention for ruling.

6. STIPULATIONS
The parties hereto stipulate and agree that venue is properly laid in this District; that the United


U.S. BANKRUPTCY COURT
Final Pretrial Conference Order
(Insert Case Number)
(Insert Case Name)
States Bankruptcy Court for the District of Kansas has jurisdiction of the parties hereto and the subject
matter hereof and may try the adversary proceeding to final judgment; that all proper, necessary and
indispensable parties are parties hereto, and to the following facts:

A.
B.
C.
Unless the parties indicate otherwise, the law governing this case is that of the State of Kansas
and the United States Bankruptcy Code.

7. ISSUES AND THEORIES
7.1 Plaintiff’s first theory of recovery
A. Elements: In order to prevail [state theory of recovery, e.g. exception to discharge],
plaintiff must prove: [Identify each element of plaintiff’s first theory of recovery, e.g. false statement,
knowingly made with intent to deceive, etc.]
B. Issues of fact: The following issues of fact relative to the above referenced elements
must be resolved at trial: [list all issues and facts relevant to the theory of recovery stated above]
C. Issues of law: The following issues of law relative to the above elements of the
above referenced theory of recovery must be resolved at trial: [all issues relevant to above referenced
theory of recovery]

U.S. BANKRUPTCY COURT
Final Pretrial Conference Order
(Insert Case Number)
(Insert Case Name)
D. Mixed Issues of Fact and Law: The following mixed issues of fact and law relative to
the above elements must be resolved at trial: [Please list all mixed issues of fact and law relevant to the
above referenced theory of recovery.]
7.2 Defendant’s defenses (including affirmative defenses):
A. Elements: In order to prevail on [defense number 1] , defendant must prove:
[Identify elements].
B. Issues of fact: The following issues of fact relative to the above elements must be
resolved at trial: [All issues relevant to defense number 1]
C. Issues of law: The following issues of fact relative to the above elements must be
resolved at trial: [All issues relevant to defense number 1]
D. Mixed issues of fact and law: The following issues of fact relative to the above
elements must be resolved at trial: [All issues relevant to defense number 1]
7.3 Counterclaims; cross claims; and third party claims:
[Please include elements, issues of fact, issues of law and mixed issues in the format specified
above for each and every counter, cross or third party-claim].

8. RELIEF SOUGHT
[State any non-monetary and monetary relief sought by any party, including amounts e.g.,
injunctive relief, determination of dischargeablity, allowance of claim, secured status, or similar concept,


U.S. BANKRUPTCY COURT
Final Pretrial Conference Order
(Insert Case Number)
(Insert Case Name)
including an explanation of the basis for the relief. Reference to elements is extremely helpful in this
connection.]

9. BRIEF LIST OF CITATIONS
If the parties desire not to file trial briefs, they must include a list of citations. The lists of
citations should include case and statutory citations and authorities supporting the parties’ respective
theories. Please list citations by identifying them with the appropriate issues of law as follows:

Issue of Law

1.
Citation
1.
2.
[Such a list should be included for each party with respect to each theory.]
10. LIST OF EXHIBITS; REMINDER OF COMPLIANCE
10.1 List of Exhibits
A. Plaintiff’s Exhibits.
Plaintiff has identified the following exhibits to be offered into evidence at the
trial of this case:


U.S. BANKRUPTCY COURT
Final Pretrial Conference Order
(Insert Case Number)
(Insert Case Name)
Title of Document Date Number of Pages

1.
2.
3.
4.
B. Defendant’s Exhibits
Defendant has identified the following exhibits to be offered into evidence at the trial of this
case:

Title of Document Date Number of Pages

1.
2.
3.
10.2 Exchange of Exhibits
Not less than ten (10) calendar days prior to trial, each party shall serve upon each opposing
party a legible copy of each exhibit the proponent intends to introduce at the time of trial.

10.3 Compliance with L.B.R. 9072.1
Counsel are to comply with Local Bankruptcy Rule 9072.1 and to furnish the Court with copies
of all exhibits three (3) business days in advance of trial, together with an exhibit list in a form


U.S. BANKRUPTCY COURT
Final Pretrial Conference Order
(Insert Case Number)
(Insert Case Name)
substantially in compliance with the form available from the Clerk’s office. (When there are numerous
exhibits, the Court requests that they be submitted in a three-ring binder with tabs or dividers for
reference).

11. WITNESSES
11.1 Plaintiff’s Witnesses
The names and addresses of witnesses plaintiff intends to call are:
Name Address

A.
B.
C.
11.2 Defendant’s Witnesses
The names and addresses of witnesses defendant intends to call are:
Name Address

A.
B.
C.
11.3 Summary of Testimony
Each party shall file with this order, a concise summary of the anticipated testimony of each and

U.S. BANKRUPTCY COURT
Final Pretrial Conference Order
(Insert Case Number)
(Insert Case Name)
every witness and any other evidence the party intends to offer. The order will be returned if the
witness summaries are not attached.

12. TRIAL
12.1 This case will be set for trial on the Court’s docket as soon as practicable after either
the entry of this Order or this Court’s ruling on any dispositive motions.
12.2 Trial will be to the Court/to the jury.
12.3 Estimated time of trial is ____ days.
12.4 Trial will be in [_____,] Kansas or such other place in the district where
the case may first be reached for trial.
13. FURTHER PROCEEDINGS AND FILINGS
13.1 Status Conference.
A pretrial status conference will be scheduled for ____________________; or the Court may
schedule a status conference before the trial begins.

13.2 Trial Briefs.
Each party desiring to submit a trial brief shall comply with the requirements of D.
Kan. Rule 7.6 as it is made applicable to bankruptcy by L.B.R. 1001.1. Trial briefs shall be served
and filed no later than three (3) business days in advance of trial. Each party filing a trial brief shall
deliver an extra copy to the judge’s chambers at the time of filing. Unless noted below, the Court does


U.S. BANKRUPTCY COURT
Final Pretrial Conference Order
(Insert Case Number)
(Insert Case Name)
not require trial briefs, but finds them helpful, particularly if the parties anticipate that unique or difficult
issues will arise during trial.
_____ If checked, the Court requires trial briefs be filed on the schedule set out above.


14. ORDERS OF THE COURT
14.1 Except by consent of the parties or by order of the Court to prevent manifest injustice,
exhibits not listed and not described in this order shall not be admitted into evidence and witnesses not
listed and not identified in this Order shall not testify except in proper rebuttal.
Either party may offer the testimony of witnesses listed by the other and either party may offer into
evidence exhibits listed by the other.
14.2 The pleadings in the above captioned case are incorporated herein by
reference, but this order shall control the subsequent course of this action and shall not be modified
except by order of the Court on its own motion or on motion of the parties to prevent manifest injustice.
14.3 The Court finds that this case is at issue, all discovery is complete and
that the case will be ready for trial upon entry of this order and any order(s) resolving any dispositive
motions. This order shall supersede the pleadings filed herein in defining issues for trial to the Court.
14. 4 The date of trial will be set by the Court after consultation with the parties and, as such,
will be deemed to be agreed to among the parties. Therefore, a trial setting will likely not be continued.

U.S. BANKRUPTCY COURT
Final Pretrial Conference Order
(Insert Case Number)
(Insert Case Name)
Parties seeking continuances are advised to refer D. Kan. Rule 6.1(b) and to note that strict compliance

with same is required as this rule has been adopted by this Court, L.B.R. 1001.1.

###

APPROVED:

(Name) (Supreme Court No. )
(Firm Name)
(Address)
(Telephone No.)
Attorney(s) for Plaintiff


(Name) (Supreme Court No. )
(Firm Name)
(Address)
(Telephone No.)
Attorney(s) for Defendant

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