A pre-trial memorandum example follows a predictable structure because Federal Rule of Civil Procedure 16 and local court rules require the same core components in nearly every version: procedural history, a statement of facts, contested and uncontested issues, witness and exhibit lists, deposition designations, applicable law, proposed jury instructions where relevant, requested relief, and trial logistics.1Legal Information Institute. Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management Whatever you put in the memorandum, and whatever the judge then incorporates into the pretrial order, effectively defines the boundaries of the trial. Witnesses, exhibits, and issues left out are presumptively out.
Procedural History and Statement of Facts
The memorandum opens by orienting the judge. The procedural history is a short chronological summary of the lawsuit’s major events: when the complaint was filed, when answers and counterclaims came in, key discovery milestones, and any significant motions rulings that shaped what remains for trial. If jurisdiction is contested or unusual, this section explains the basis for the court’s authority.
The statement of facts does the heaviest narrative work in the entire document. The goal is to present the relevant facts clearly and in an order that builds toward the legal arguments without crossing into argument itself. Chronological organization fits most cases. Complex disputes sometimes benefit from a thematic approach that groups facts by issue. Every fact should trace back to evidence you plan to introduce at trial. A judge reading only this section should understand what the case is about and why it matters.
Contested and Uncontested Issues
This section separates what the parties agree on from what the factfinder actually has to decide. Stipulated facts are points both sides accept as true. They eliminate the need to present evidence on those topics and keep the trial focused on genuine disputes. Some courts provide a separate section for stipulated facts and require the parties to list them in numbered paragraphs. If there are no stipulations, say so rather than leaving the section blank.
Contested issues should be framed as specific questions the factfinder must answer: Did the defendant breach the duty of care? Were the contract terms satisfied? Was the termination motivated by discrimination? Vague issue statements waste everyone’s time. Courts use these contested issues to structure jury instructions and verdict forms, so the sharper the questions here, the smoother everything downstream.
Witness Lists
Federal Rule 26(a)(3) requires each party to disclose the name and, if not previously provided, the address and telephone number of every witness the party may call at trial.2Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery Witnesses must be separated into two categories: those you expect to call and those you may call if the need arises. Experts should be identified as such, because they trigger different disclosure obligations and may face separate challenges.
Beyond the federal minimum, most local rules require a brief summary of each witness’s anticipated testimony in the memorandum itself, along with an estimated time on the stand. These summaries let the opposing party prepare cross-examination and help the judge manage the trial calendar. A single sentence is usually enough, but it has to be specific enough that no one is blindsided at trial.
Exhibit Lists and Deposition Designations
Every document, photograph, recording, or physical item you plan to introduce goes on the exhibit list. Rule 26(a)(3) requires identification of each exhibit, again separated into items you expect to offer and items you may offer if needed.2Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery Courts assign sequential numbering blocks to each side, with plaintiffs typically starting at number 1 and defendants starting at a higher block to avoid overlap. Each exhibit gets a short description so the court can track it without opening the document.
The list should indicate which exhibits are stipulated to and which face objections. Under Rule 26(a)(3)(B), objections to exhibit admissibility must be filed within 14 days after pretrial disclosures are made, unless the court sets a different deadline. Failing to object on time waives most objections. Relevance objections under Federal Rules of Evidence 402 and 403 are the exception and can still be raised later.2Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
Deposition testimony you plan to use at trial also belongs in the memorandum. Rule 26(a)(3) requires designation of witnesses whose testimony will be presented by deposition, and if the deposition was not stenographic, you need to provide a transcript of the relevant portions.2Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery Many local rules go further and require page-and-line designations filed in advance, with counter-designations and objections due on a staggered schedule before trial. This is one of the most time-consuming parts of pretrial preparation and should not be left for the last minute.
Statement of Applicable Law
The legal section identifies the statutes, regulations, and case law that govern each claim and defense remaining for trial. Organize the analysis by issue or cause of action rather than as a single block of authority. For a negligence claim, lay out the elements and cite the controlling standard. For a contract dispute, identify the relevant provisions and the law governing interpretation.
This is not the place for an exhaustive brief. Apply the law to the facts concisely and show the court how the evidence you intend to present satisfies each element of your claims or defenses. Save the deep dives for trial briefs or post-trial submissions. The judge is looking for a roadmap.
Proposed Jury Instructions
If the case will be tried to a jury, the memorandum typically requires or accompanies proposed jury instructions. Most courts treat the legal-issues section and the proposed instructions as separate components with different functions. The legal section argues why the law supports your position. The instructions present neutral statements of law for the jury to apply.
Courts often require proposed preliminary instructions as well, which are read to the jury at the start of trial to explain basic procedures. Proposed verdict forms, which structure the specific questions the jury must answer, usually accompany the instructions. The instructions should track the contested issues identified earlier in the memorandum. An instruction that doesn’t connect to a disputed issue will likely be refused, and a disputed issue without a corresponding instruction creates problems at deliberation.
Requested Relief and Trial Logistics
The relief section spells out exactly what you are asking the court to award. For money damages, state the amount and break it down by category: lost wages, medical expenses, pain and suffering, punitive damages. For injunctive relief, describe the specific conduct you want the court to order or prohibit. For a declaratory judgment, identify the rights or legal relationships you want the court to define. Vague requests for “all appropriate relief” add nothing. Tell the judge precisely what a win looks like.
The logistics portion covers administrative details: whether you want a jury or bench trial, an honest estimate of how many days the trial will take, and any scheduling constraints like witness availability. Some courts also require confirmation that proposed findings of fact and conclusions of law have been submitted for bench trials, or that proposed jury instructions and verdict forms have been filed for jury trials.
Motions in Limine
Motions in limine ask the court to rule on the admissibility of specific evidence before trial begins. They are closely connected to the pretrial memorandum but are typically filed as separate documents. Timing usually tracks the pretrial conference schedule, with motions due roughly 10 to 14 days before the final conference and responses due about a week later. Courts generally require you to consolidate all your evidentiary challenges into a single filing rather than submitting separate motions for each issue.
The pretrial memorandum should flag anticipated evidentiary disputes so the court is aware of them, but the detailed legal arguments belong in the motion in limine itself.
Timing and Format
Many courts require a joint pretrial memorandum prepared collaboratively by all parties. Others allow each side to submit its own. The court’s scheduling order or local rules will specify which format applies and when the filing is due. Deadlines typically fall between 14 and 30 days before trial, though this varies widely. Rule 26(a)(3) separately requires pretrial disclosures of witnesses and exhibits at least 30 days before trial unless the court orders otherwise.2Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
After the final pretrial conference, the court issues a pretrial order that “controls the course of the action unless the court modifies it.”1Legal Information Institute. Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management The modification standard for an order issued after that conference is tighter still: the court can change it “only to prevent manifest injustice.”
What Happens If You Leave Something Out
This is where most of the real risk lives in pretrial preparation, and it catches people off guard. If you fail to list a witness or exhibit in your pretrial disclosures, the default rule under Rule 37(c)(1) is exclusion: the party “is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless.”3Legal Information Institute. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery That is an automatic sanction, not a discretionary one. The burden falls on the non-disclosing party to show justification or harmlessness.
Beyond exclusion, Rule 37(c)(1) authorizes the court to order payment of the opposing party’s reasonable expenses and attorney’s fees caused by the failure, inform the jury of the party’s failure to disclose, and impose any other appropriate sanctions.3Legal Information Institute. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery Rule 16(f) separately gives the court authority to sanction a party or attorney who fails to obey a pretrial order, is substantially unprepared for the pretrial conference, or fails to participate in good faith. Those sanctions include mandatory payment of the opposing party’s reasonable expenses and attorney’s fees, “unless the noncompliance was substantially justified or other circumstances make an award of expenses unjust.”1Legal Information Institute. Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management
Treat the pretrial memorandum as a binding commitment about what your case will look like at trial. Adding a witness or exhibit after the pretrial order is entered requires showing good cause, or, after the final pretrial conference, meeting the manifest injustice standard. Neither is easy, and judges have little patience for parties who treat pretrial deadlines as suggestions.