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name: pre-trial-statement language: en description: >- Drafts U.S. civil/commercial pre-trial statements that narrow issues, fix trial assumptions, and prevent evidentiary surprises. Converts pleadings, discovery, and deposition materials into a court-compliant filing with undisputed facts, contested issues, witness and exhibit summaries, trial logistics, and settlement posture. Use when preparing for pretrial conferences, final pretrial orders, or trial. Trigger keywords: pre-trial statement, pretrial statement, trial roadmap, witness list, exhibit list, disputed issues of fact, disputed issues of law. metadata: author: casemark practice_areas: - Litigation document_types: - Pleading skill_modes: - Drafting tags:

• drafting
• litigation
• pleading

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Pre-Trial Statement

Draft a court-ready pre-trial statement that narrows issues, fixes trial assumptions, and prevents evidentiary surprises.

Prerequisites

Pause and gather before drafting. If any item is missing, ask.

1. Jurisdiction & local rules — filing templates, exhibit-labeling conventions, page/style limits, e-filing requirements
2. Core case file — complaint, answer/counterclaim, motions/orders, case management orders, discovery responses, deposition excerpts, stipulations, admissions
3. Party & claims info — identities, roles, claims, defenses, relief requested, key deadlines (discovery cutoff, expert disclosure, trial date)
4. Confidentiality — sealing requirements for addresses, medical records, trade secrets, sensitive personal data
5. Witnesses — availability, live vs. stipulation vs. deposition designation
6. Exhibits — produced, pre-marked, contested (authenticity/admissibility), redactions
7. Settlement/ADR — whether obligations are satisfied per case plan or court order

Output Structure

1) Source Matrix

Build before drafting to map inputs to output sections.

Section	Required Inputs	Statement Output
Caption	Court, case number, parties, judge	Exact caption block
Procedural history	Filings/orders log	Chronological timeline
Undisputed facts	Stipulations, admissions	Numbered facts
Contested issues	Pleading/deposition conflicts	Fact + law dispute sections
Witnesses	Notes, designations, party lists	Party-organized witness table
Exhibits	Document lists, custodians	Exhibit index + objections
Trial posture	Motions, scheduling orders	Trial requirements

2) Drafting Sequence

1. Caption & cover block — court, case number, parties, judge, trial date
2. Procedural posture — chronological, neutral tone
3. Undisputed facts — numbered declarative paragraphs; no legal conclusions
4. Contested issues of fact — issue title + why material
5. Contested legal issues — each side's position and basis for disagreement
6. Witness summaries — organized by party:

Witness	Party	Type	Core Testimony	Live/Designation	Objection Risks

7. Exhibit index:

Exhibit ID	Description	Custodian	Evidentiary Dispute	Intended Use	Foundation Need

8. Trial logistics & ancillary matters — motions in limine, evidentiary fights, expert challenges
9. Settlement/ADR status — without privileged detail
10. Quality pass — verify against jurisdictional formatting, paginate, sign

3) Templates

COURT:
CASE NO.:
JUDGE:
PLAINTIFF / DEFENDANT:
NATURE OF ACTION:
HEARING / TRIAL DATE:
PARTY RESPONSIBLE FOR FILING:

DISPUTED ISSUE TABLE
Issue | Governing Rule/Authority | Party A Position | Party B Position | Why Material | Proposed Relief

Guidelines

• Mandatory sections — caption, procedural history, undisputed facts, disputed facts/law, witnesses, exhibits, trial logistics, ADR posture
• Source grounding — every disputed matter must cite case-file sources; never restate hearsay as fact
• Undisputed facts — each paragraph must be unequivocally non-controversial
• Neutral tone — no argumentative rhetoric
• Privilege guard — preserve litigation positions but never reveal settlement demands, mediation positions, or privileged strategy
• Local rules govern — if local rules conflict with this template, defer to local rules
• Admissibility citations — cite only authority you can verify in case materials and governing law [VERIFY]