The pretrial order results from the final pretrial conference and typically identifies the claims and defenses remaining, stipulated facts, contested issues, witness and exhibit lists, deposition designations, and pending evidentiary disputes.
Once entered, it controls the course of trial and may be modified only to prevent manifest injustice.
Alternative Names:
Final Pretrial Order, Joint Pretrial Order
Why it Matters?
Because the order supersedes the pleadings, anything omitted is generally waived, including claims, defenses, witnesses, and exhibits. That makes the drafting exercise a substantive one rather than administrative housekeeping. It is also the last practical opportunity to narrow the case, since stipulating uncontested facts removes them from proof and focuses the trial on what actually matters.
Frequently Confused with
Related terms
Frequently asked questions
What happens to claims left out of the pretrial order?
Can the pretrial order be amended?
