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Order For Pretrial Conference
Order For Pretrial Conference
Order For Pretrial Conference
As a prerequisite to a nonjury trial or the court's assigning this action to the ready list for
jury trial, the parties' counsel and pro se parties shall attend a pretrial conference with the
undersigned judge to address the parties' responses to the requirements contained herein.
The purpose of the pretrial conference is to identify and simplify the issues, avoid
surprises to the parties and the court, expedite the trial process, give each party his/her day in
court, and provide for a fair and impartial trial. All attorneys who intend to participate in the trial
shall attend the pretrial conference in person. Counsel shall notify their clients of the pretrial
conference. All parties are encouraged to attend. The court may require their attendance in
person or by telephone. At the request of either party or the court, the Guardian ad Litem shall
be required to attend in person or by telephone, as the court may direct. If a trial date has not
been set, the parties and counsel shall come to the pretrial conference prepared to discuss and
agree on a trial date.
A CONSOLIDATED PRETRIAL ORDER, as contemplated by O.C.G.A. 9-11-16,
WILL ___________ or WILL NOT __________ [check one] be submitted to the Court at least
three business days before the pretrial conference. At least 14 days prior to the date of the
pretrial conference, counsel for plaintiff or pro se plaintiff shall initiate contact with defense
counsel or pro se defendant to discuss submission of a CONSOLIDATED PRETRIAL ORDER
to which all consent. The CONSOLIDATED PRETRIAL ORDER must be in the format shown,
and contain the information requested in Exhibit "A" to this Order.
If for any reason a Consolidated Pretrial Order cannot be submitted at the pretrial
conference, then each party is ordered to respond to the requirements contained in Exhibit "A" to
this order in the numerical sequence of the numbered paragraphs hereof. Each party shall submit
at the pretrial conference a response to this order entitled "Plaintiff's (or Defendant's) Portion of
the Consolidated Pretrial Order". [The form may be downloaded at www.augustabar.org.]
SO ORDERED this __________ day of _____________________, 20_____.
_____________________________________
SUPERIOR COURT JUDGE
AUGUSTA JUDICIAL CIRCUIT
Exhibit "A"
)
)
v.
)
)
_____________________________________, )
Defendant.
)
)
The name, address and phone number of the attorneys or pro se parties who will conduct
the trial are as follows:
For Plaintiff:
For Defendant:
2.
3.
4.
There are no motions or other matters pending for consideration by the court except as
follows:
[All pending motions will be disposed of at the pretrial conference. Motions filed after the
pretrial conference are discouraged and will not be permitted except for good cause shown.]
5.
This action involves the following issues: (check all that apply)
[ ] Divorce
[ ] Alimony
[ ] Property Division
[ ] Debt Division
[ ] Initial Visitation
[ ] Modification of Custody
[ ] Modification of Visitation
[ ] Legitimation
[ ] Adoption
[ ] Contempt of court
[ ] Attorney's fees
If divorce is an issue, state the grounds for divorce and any basis of opposition.
7.
(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.
8.
The following is the plaintiffs brief and succinct outline of the case and contentions:
9.
The following is the Defendant's brief and succinct outline of the case and contentions:
10.
(a)
(b)
(c)
11.
If defendant has filed a counterclaim, plaintiff should briefly state which of defendants
claims for relief are disputed and the reason for same.
(a)
(b)
(c)
12.
Assuming a counterclaim has been filed, defendant seeks the following relief at trial:
(a)
(b)
(c)
[Any omitted request for relief will not be considered by the Court at trial.]
Defendant should briefly state which of plaintiffs claims for relief are disputed and the
reason for same.
(a)
(b)
(c)
13.
Each party shall provide at the pretrial conference a written list of all marital and nonmarital property owned by either party, which shall include the current market value
thereof, and any debt secured thereby. Unless otherwise stipulated by the parties, any
unlisted real or personal property will not be addressed in the final judgment, except that
title to unlisted tangible personal property will be awarded to the party in possession,
regardless of how presently titled. [With regard to non-marital property, if "source of
funds" is an issue, provide details including an explanation of the proposed disposition of the
property, using the source of fund analysis and formula. See Thomas v. Thomas, 259 Ga. 73,
377 S.E.2d 666 (1989) and related cases. Without details, the source of funds issue will be
deemed waived.]
14.
Each party shall provide at the pretrial conference a written list of all sources and
amounts of his/her income, and all known sources and amounts of income of the other
party.
15.
Each party shall provide at the pretrial conference a written list of the debts of the parties.
[Unless otherwise stipulated by the parties, any unlisted debts will not be addressed in the final
judgment.]
16.
shall be presented to the Court at the pretrial conference. [A parenting plan is required in
every case where child custody or visitation is an issue raised in the pleadings.]
17.
If child support is an issue, each party shall provide at the pretrial conference a proposed
Child Support Worksheet and Schedules. If an agreement has been reached by the parties
on the issue of support, then a CONSENT CHILD SUPPORT ADDENDUM shall be
presented to the Court at the pretrial conference. [A child support addendum is required in
every case where child support is an issue raised in the pleadings.]
18.
19.
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 or insistence on the best evidence rule. ALL EXHIBITS SHALL BE
MARKED PRIOR TO TRAIL TO AVOID DELAY AT TRIAL.]
20.
(a)
By the Plaintiff:
(b)
By the Defendant:
Special authorities relied upon by Plaintiff relating to peculiar evidentiary or other legal
questions are as follows:
21.
Special authorities relied upon by Defendant relating to peculiar evidentiary or other legal
questions are as follows:
22.
If any issue is to be tried by a jury, all requests to charge anticipated at the time of trial
shall be filed in accordance with Rule 10.3.
23.
[Any objection to the depositions or questions or arguments in the depositions shall be called to
the attention of the court at the pretrial conference, but, in any event, prior to trial.]
24.
(b)
(c)
(d)
[Opposing counsel may rely on a 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/her testimony by other means.]
25.
If a jury trial is expected, each party shall submit a proposed verdict form.
26.
(a)
(b)
(c)
The case will be reported, and unless otherwise noted, the cost of take-down will
be shared by the parties.
(d)
Other matters:
Submitted by:
_____________________________
Plaintiff or Attorney for Plaintiff
______________________________
Defendant or Attorney for Defendant
ORDER
It is hereby ordered that the foregoing, including the attachments thereto, constitutes the
PRETRIAL 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.
The Court further ORDERS:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
This _____ day of _____________________, 20______.
_______________________________
SUPERIOR COURT JUDGE
AUGUSTA JUDICIAL CIRCUIT
_______________________________
SUPERIOR COURT JUDGE
AUGUSTA JUDICIAL CIRCUIT