Joint Pretrial Statement: Contents, Filing, and Deadlines

A joint pretrial statement is the single document that both sides of a federal civil lawsuit prepare together before trial, telling the court which witnesses they’ll call, which exhibits they’ll offer, which facts they agree on, and which issues remain in dispute. Federal Rule of Civil Procedure 16 gives judges authority to require it, and Rule 26(a)(3) sets the baseline for the pretrial disclosures that feed into it. Once the judge converts the statement into a final pretrial order, it controls the trial.¹

What the Statement Must Contain

The core contents track Rule 26(a)(3): witnesses, deposition designations, and exhibits. Local rules and a judge’s standing orders usually add more.

Witnesses and Exhibits

Each party identifies every witness it plans to call, split into those it expects to call and those it may call if needed. For each witness, the list gives a name, address, and phone number unless that information was already provided in discovery. If a party intends to use deposition testimony instead of live testimony, it must designate the specific portions in advance.²

Exhibits are listed the same way, with each document, photograph, or object identified separately and flagged as either “will offer” or “may offer.” Most courts prescribe a numbering convention so attorneys can reference items without confusion during trial.

Expert Witnesses

Expert disclosures carry more weight than fact-witness disclosures. Rule 26(a)(2) requires each party to identify every testifying expert and, unless the court orders otherwise, produce a written report signed by the expert. Those reports are generally due at least 90 days before trial, well ahead of the pretrial statement itself. The statement typically names each expert, summarizes the opinions they will offer, and notes any objection to their testimony or qualifications.²

Stipulated Facts and Disputed Issues

The stipulations section lists facts both sides agree on, which the court accepts without hearing evidence. Typical stipulations cover the date of an incident, the existence of a contract, or ownership of property. Every stipulated fact is one the jury does not have to sit through testimony about.

The disputed-issues section does the opposite work, laying out the factual and legal questions that remain in play. Rule 16(c)(2) gives the court authority to pursue stipulations that avoid unnecessary proof and to identify the witnesses and documents still in dispute, which is why a precise disputed-issues section helps the judge plan ahead for evidentiary rulings and legal arguments.¹

Damages and Trial Length

Any party claiming damages must show how it calculated them. Rule 26(a)(1)(A)(iii) requires this computation in initial disclosures, and the pretrial statement updates those figures for trial.² The statement also includes a good-faith estimate of trial length. Rule 16(c)(2)(O) lets the court set reasonable limits on the time allowed to present evidence, and judges usually want to see each side’s estimate before imposing those limits.¹

How the Two Sides Put It Together

The word “joint” matters. Courts expect one unified document, not two drafts stapled together. In practice, one side circulates a first draft and the other adds its witnesses, exhibits, and positions. Most courts publish templates in their local rules or judges’ standing orders, and following the prescribed format closely is not optional.

Before filing, the parties meet and confer to work through disagreements. Where they cannot agree on a fact or legal theory, the statement lays out both positions side by side so the judge sees the exact point of disagreement. Lead counsel on each side typically sign the statement to certify that the collaboration happened in good faith.

If one side refuses to participate, the court has strong tools under Rule 37(b)(2)(A). A judge can treat disputed facts as established against the uncooperative party, bar that party from offering certain evidence, strike pleadings, or enter a default judgment. The court must also order the disobedient party or its attorney to pay the other side’s reasonable expenses, including attorney’s fees, unless the failure was substantially justified.³

When It’s Due and How to File It

Rule 26(a)(3)(B) sets the default deadline for pretrial disclosures at 30 days before trial, but local rules and scheduling orders routinely change that date.² The joint pretrial statement itself is usually due before the final pretrial conference, which may run on a different schedule. Check both the local rules and the judge’s individual practices; the gaps between them are where attorneys get caught.

Nearly all federal courts require electronic filing through the Case Management/Electronic Case Files (CM/ECF) system.⁴ Many judges also want courtesy copies in chambers for mark-up, and some ask for an editable Word version so the court can use the statement as a template when drafting the final pretrial order.

What Happens If You Leave Something Out

This is where the statement has real teeth. A witness or exhibit that does not appear in it will almost certainly be excluded at trial. The entire point of the filing is to prevent surprise, so courts rarely let undisclosed evidence through the door.

Objections work the same way. Under Rule 26(a)(3)(B), a party that fails to object to the other side’s deposition designations or exhibits within 14 days of disclosure waives those objections, with the exception of objections for relevance or unfair prejudice under Federal Rules of Evidence 402 and 403, which are preserved regardless.² Attorneys who delay reviewing an opponent’s exhibit list often find the objection window closed by the time trial begins.

Rule 16(f) adds another layer. A court may sanction any party or attorney who disobeys a pretrial order or arrives substantially unprepared for the pretrial conference. The available sanctions include any remedy allowed for discovery violations, and the court must order payment of the reasonable expenses caused by the noncompliance unless the failure was substantially justified.¹

From Statement to Final Pretrial Order

After filing, the parties attend a final pretrial conference where the judge reviews the statement and resolves open disputes. The judge then issues a final pretrial order, typically built directly from the joint statement. Under Rule 16(d), that order controls the course of the action unless the court modifies it.¹

Modification is harder than it sounds. Rule 16(e) permits the court to change the final pretrial order only to prevent “manifest injustice,” a deliberately stringent standard. A party that forgot to list a key witness or missed a legal theory will struggle to add it after the order is signed; “we didn’t think of it” rarely qualifies as manifest injustice.¹ The order effectively replaces the pleadings as the governing document for trial. Claims or defenses pled originally but dropped from the pretrial statement are treated as abandoned.

Jury Instructions and Voir Dire

In jury cases, many courts require proposed jury instructions along with the statement. The parties flag which instructions they agree on and which they dispute, and for each disputed instruction they explain the objection and cite supporting authority. Courts with standardized pattern instructions expect the parties to start from those templates and highlight any modifications.

Some judges also require proposed voir dire questions before the final pretrial conference. The specifics vary by judge, so review local rules and standing orders well before the deadline rather than the week of filing.

If You Don’t Have a Lawyer

Pro se litigants are bound by the same pretrial requirements as represented parties. Courts do not waive the joint pretrial statement obligation, and the sanctions for noncompliance apply equally. Many federal courts publish pro se handbooks, forms, and assistance programs; those are worth finding early, because assembling a proper statement takes real time even for experienced litigators.

The collaborative piece is harder without counsel. You still need to coordinate with the opposing attorney to produce a single joint document, which means exchanging drafts and working through disputes. If the other side will not cooperate, raise it with the court through a motion rather than filing an incomplete statement on your own.

Witness Fees to Budget For

Witnesses on the list who are served with a subpoena must be tendered an attendance fee. In federal court, 28 U.S.C. § 1821 sets that fee at $40 per day plus mileage at the rate the General Services Administration prescribes for federal employees.⁵ State courts set their own rates. Failing to tender the required fee with a subpoena can give the witness grounds to quash it, which is an easy problem to avoid and a painful one to fix on the eve of trial.

1
Cornell Law School Legal Information Institute. Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management
2
Cornell Law School Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
3
Cornell Law School Legal Information Institute. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
4
United States Courts. FAQs: Case Management / Electronic Case Files (CM/ECF)
5
Office of the Law Revision Counsel. United States Code Title 28 Section 1821 – Per Diem and Mileage Generally