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The court-published Proposed Pretrial Order, quoted whole from the document as posted (- page(s)).
Applies in the Third Division of the Texas Business Court, Texas Business Court, Third Division (Third Administrative Judicial Region); the document as posted on the court's site controls and changes without notice. Procedural information only; not legal advice.
The Business Court of Texas, *** Division [Plaintiff(s)], Plaintiff(s), v. [Defendant(s)], Defendant(s). § § § § § Cause No. ______________ ══════════════════════════════════════════════════ Joint Pretrial Report and Proposed Pretrial Order ══════════════════════════════════════════════════ Instructions: The parties must confer on and jointly file this proposed pretrial order, which will be discussed with the Court at the pretrial conference. After the pretrial conference, the Court will issue its pretrial order. Please fill in the bracketed material as indicated below. Parties must make a thorough and good-faith effort to reach agreement, but if the parties cannot agree, they may specify separate answers as demonstrated below. Do not add argument—the Court will request briefing as needed. All instructions (in red) should be deleted before filing. Brief Summary of Claims & Defenses Instructions: Each party should summarize their own claims and defenses in no more than 300 total words for all of the party’s claims and defenses. Parties need not agree with other parties’ summaries. If additional claims or defenses are asserted, such as third-party claims, please add them in the same format used below. Party names may be added after “Plaintiff,” “Defendant,” etc. Plaintiff’s Claims: [summary of Plaintiff(s’) claims] Defendant’s Affirmative Defenses: [summary of Defendant(s’) affirmative defenses] Defendant’s Counterclaims: [summary of Defendant(s’) counterclaims, if any] Plaintiff’s Affirmative Defenses to Counterclaims: [summary of Plaintiff(s’) affirmative defenses to counterclaims, if any] Jurisdiction, Trial Venue, & Applicable Law Instructions: If the parties disagree on the answers below, they may specify separate answers, such as: “Plaintiff contends Texas law applies to the contract claim” and “Defendant contends that Delaware law applies to the contract claim.” There [is / is not] a pending dispute over jurisdiction or venue in this case. The substantive laws of [the State of Texas / other jurisdiction] govern [this action / specify claim(s) if some claims are governed by different substantive law]. Stipulated Facts Instructions: Provide any stipulated facts in the number brackets below, adding to the list as needed. If the parties have not agreed to stipulated facts, state “none.” The parties have agreed to the following stipulated fact: [stipulated fact 1] [stipulated fact 2] … List of Contested Issues (Bench Trial Only) Instructions: If the case is to be decided by bench trial, please identify the key contested fact and legal issues in the numbered brackets below, adding to the list as needed. If the case is to be tried to a jury, leave this section blank. The parties have identified the following key contested fact issues: [contested fact 1] [contested fact 2] … The parties have identified the following key contested legal issues: [contested legal issue 1] [contested legal issue 2] … Outstanding Questions of Law Instructions: Parties should identify any important legal issues that have been fully briefed and should be decided by the Court before trial to facilitate judicial efficiency and/or potential settlement. If no issues fit that description, state “none.” If one party believes that an issue fits that description and another party does not, list the issue and identify the issue’s proponent in parentheses. For example, “1. Which party has the burden of proof on Plaintiff’s fiduciary-duty claim (Defendant).” Adjudication of the following outstanding, purely legal questions before trial will facilitate, streamline, or otherwise make for a more efficient trial or other resolution of this case: [legal issue 1] This issue was briefed in: [identify any motions, responses, replies, and trial briefs in which this issue was briefed by name and date]. [legal issue 2] This issue was briefed in: [identify any motions, responses, replies, and trial briefs in which this issue was briefed by name and date]. … Witnesses The parties have exchanged witness lists. Plaintiff(s) intend(s) to call the following witnesses: [list witnesses] Defendant(s) intend(s) to call the following witnesses: [list witnesses] Agreed and Disputed Exhibits Instructions: The proposed date(s) for the parties to file the Joint Agreed Exhibit List and Joint Disputed Exhibit List must be at least 5 business days before the trial date in the Scheduling Order. The purpose of these lists is to facilitate preadmission of exhibits and pretrial rulings on evidentiary disputes. The lists will not operate as waiver and need not include every possible potential objection. The parties have exchanged their exhibit lists and provided the Court with an exhibit binder in compliance with the case’s scheduling order. The parties will confer regarding the exhibits’ admissibility by [date]. By [date], the parties must file a Joint Agreed Exhibit List that identifies any exhibits that the Court may admit without objection, using the following format: Exhibit # Description PX1 Letter from A to B dated 9/1/2024 PX2 Photograph of land taken 9/1/2024 … … DX1 Bylaw of Corporation DX2 Email from A to B dated 9/1/2024 By [date], the parties will file a Joint Disputed Exhibit List that identifies all exhibits to which a party objects, stating the general nature of the objection as succinctly as possible and without argument, using the format below. Exhibit # Objection Description PX1 hearsay Letter from A to B dated 9/1/2024 PX2 relevance Photograph of land taken 9/1/2024 … … DX1 authenticity disputed Bylaw of Corporation DX2 TRE 403 Email from A to B dated 9/1/2024 Deposition Excerpts Instructions: The proposed date(s) for the parties to file the Joint Agreed Deposition Designations and the Joint Disputed Deposition Designations must be at least 5 business days before the trial date in the Scheduling Order. The parties have exchanged their deposition excerpts and cross-designations in compliance with the case’s scheduling order. By [date], the parties will confer regarding the admissibility of this deposition testimony and identify any discrepancies in deposition audio/video cuts. By [date], the parties must file Joint Agreed Deposition Designations that identify (by witness, page, and line) any deposition designations to which no party objects, using the format below. If a party objects to only part of a designation, the unobjected-to portion of the designation must be included in the Joint Agreed Deposition Designations. Witness Page:Line Jane Smith 12:1–5 13:7–16 17:2–10 Bob Jones 3:4–12 4:16–20 By [date], the parties must file Joint Disputed Deposition Designations that identify any deposition designations to which a party objects, stating the general nature of the objection as succinctly as possible and without argument, using the format below. Only the objected-to portion of a designation may be included in the Joint Dispute Deposition Designations. Witness Page:Line Objection Jane Smith 12:6–11 hearsay 13:18–22 lack of personal knowledge 17:15–23 TRE 403 Bob Jones 3:13–18 relevance 4:21–24 hearsay Motions in Limine Instructions: The proposed date for the parties to notify the Court of any agreed limine matters must be at least 5 business days before the trial date in the Scheduling Order. The parties have filed their motions in limine in compliance with the scheduling order in this case. The parties will confer regarding such motions by [date] and will notify the Court in writing of any agreed limine matters by [date]. Pretrial Conference & Pretrial Hearing The Court has scheduled a pretrial conference. At this conference, the parties must be prepared to discuss the following, if applicable: jurisdiction, venue, and choice-of-law disputes, purely legal issues that may be resolved before trial, Court procedures for a bench or jury trial, treatment of stipulated facts in the jury charge, jury charge questions, instructions, and definitions, pretrial admission of agreed and/or disputed exhibits, treatment of pre-admitted exhibits that are not used with a witness at trial, pretrial admission of agreed and/or disputed deposition testimony, motions in limine, any scheduling and logistics for trial, ADR and settlement negotiations, and any other matters that may facilitate trial or resolution of the case. After the pretrial conference, the Court will issue its Pretrial Order. The Court may also issue orders on the above matters. The Court will hold a pretrial hearing at which it will, to the extent practicable and appropriate, preadmit exhibits and hear arguments on outstanding admissibility and limine disputes, as well as other legal issues that should be resolved in advance of trial. Trial Instructions: If the case includes third parties, intervenors, or other participants who will present evidence at trial, please include timing estimates for those parties as well, in the formatting below. Plaintiff(s) request(s) [__] hours to present their case. Defendant(s) request(s) [__] hours to present their case. Each [side / party] requests [__] minutes for voir dire. Each [side / party] requests [__] minutes for opening statements. Each [side / party] requests [__] minutes for closing statements. [signature blocks and certificates]
The Business Court of Texas, *** Division [Plaintiff(s)], Plaintiff(s), v. [Defendant(s)], Defendant(s). § § § § § Cause No. ______________ ══════════════════════════════════════════════════ Joint Pretrial Report and Proposed Pretrial Order ══════════════════════════════════════════════════ Instructions: The parties must confer on and jointly file this proposed pretrial order, which will be discus
Reviewer note: Composed 2026-09-14 from BenchPath's custody copy of the court-site document (custody file 78d897ae3f79.docx; 125,778 bytes; native text layer published whole after whitespace normalisation). Court-scoped (not judge-joined): linked from the official page https://www.txcourts.gov/media/1460767/proposed-pretrial-order-clean.docx; the document governs the court, not one judge. Title, category and practice family set by eye from the document (link label kept in the receipt). Read by eye 2026-09-14. Fix program 2026-09-14, Phase 7g (Texas census).
6 verbatim requirements on proposed orders in NINA W. DI PIETRO's division.
3 verbatim requirements on proposed orders in JOHN HURLEY's division.