Order on Pretrial Hearing

    IN THE UNITED STATES DISTRICT COURT FOR 
THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY L. BOLDEN, et al., 

Plaintiffs, 
J. U. Blacksher 
Edward Still 
Larry Menefee 

CIVIL ACTION 
Y. 

No. 75-297-P 
CITY OF MOBILE, AL., et al., 

Defendants. 
Charles B. Arendall 

Travis Bedsole 

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ORDER ON PRETRIAL HEARING 
  

This cause coming on to be heard on a regular 
pretrial hearing on the 4th day of February, 1976, and 
all parties being present in person or by counsel, the 
following action was thereupon taken: 

l. The following pleadings and amendments were 
allowed: 

Complaint and answer as last amended. 

2. It was agreed by all of the parties that the 
following are all of the issues in controversy in this 
cause: 

PLAINTIFFS 
  

See response to preliminary pretrial order 
filed February 3, 1976. 

Within three weeks, the plaintiff is to itemize 
by categories and inclusive dates the areas of evidence 
he expects to offer with reference to recially discrimi- 
natory acts. 

DEFENDANTS 
  

See response supra. 

3. The following facts are established by ad- 
missions in the pleadings or by stipulations of 
counsel at the pretrial conference: 

See response supra. 

4. The contested issues of fact are: 

See response supra. 

4b. The contested legal issues are: 

See response supra. 

 



  

5... 31 1s ORDERED: 

On or before three weeks preceding trial date: 

If the paragraph is marked (X) 

(XY (a): That each party in this case furnish 
counsel for the opposing party, for 

copying and inspection, all documents and exhibits that 
are to be used in the trial of this case, including those 
requested by subpoena duces tecum. 

(X) (b) That the parties exchange the names 
of witnesses known or which reasonably 

should be known, this restriction not applying to rebuttal 
witnesses, the necessity of whose testimony reasonably 
cannot be anticipated before the time of trial. 

(X) (c) All discovery is to have been accomplished, 
on or before four weeks prior to trial. 

(X) (d) That the parties file briefs with the 
Clerk of this Court, one week prior to 
trial, 

(X) (e) The authenticity of any documents or 
exhibits is admitted unless it is spe- 

cifically called to the attention of the Couri and opposing 
counsel sixteen days before trial 
  

¢) {f) If the case is {0 be tried to a jury, it 
is directed that requests for instructions 

be submitted to the Court at -the commencement of the case, 
subject to the right of counsel to supplement such requests 
during the .course of the trial on matters that cannot rea- 
sonably be anticipated. 

(X) (g) The qualification of any expert whose 
testimony is offered by deposition is 

admitted, unless it is specifically called to the Court's 
attention sixteen days before trial, and opposing counsel. 
  

()  (h) Doctor, medical-and hospital bills are 
admitted as reasonable unless specific 

objection is made to the Court and opposing counsel 

  

( ) (i) All parties seeking special damages are 
to furnish the other parties a list of 

their special damages. 

( ) (j) All parties seeking damages are to 
furnish the other parties income tax 

returns for 19 15 and 19 

(X) (k) If there are expert witnesses, the attor- 
neys must file, and submit to opposing counsel, a reasonably 
brief narrative form of their qualifications which are ad- 

. mitted unless called to the opposing counsel and court's 
" “attention sixteen days before trial. 

(X) (1) The response to the preliminary pretrial 
order is incorporated and made a part of this order. 

(X) (m) Counsel for the respective parties will 
file with the court, and opposing counsel, suggested Find- 

ings of Fact and Conclusions of Law, and a Judgment and 

Order, all appropriately designated, one week before trial. 

The Findings of Fact and Conclusions of law are to be in a 

form sufficient, in the opinion of counsel, to sustain his 

 



  

his position on appeal. The plaintiff is to file any proposed 
plans. 

6. The probable length of the trial of this 
case will be six (6) days 
  

7. The prospects of settlement of this case 
are none 
  

It is further ORDERED by the Court that all 
of the above-named allowances and agreements be and the 
same are hereby binding upon all parties in the above- 
styled cause, unless this order be hereafter modified 
by order of the Court. 

DONE this the 4th day of Pebruary, 1976 | 
at Mobile , Alabama. 

  

  

  

The parties agree that they have informed each 
other of their experts and they have agreed that the 
opposing party may depose them. 

  

>a tl W275 . 

UNITED STATES DISTRICT JUDGE   

Each counsel, upon placing a witness in the witness 
box for examination, shall read or state a summary of all 
background information concerning said witness, such as 
name, age, address, marital status, education qualifica- 
tions, professional qualifications, and any other back- 
ground information desired, and shall then inquire of the 
witness if such statements are correct. Thereafter, the 
second question to the witness shall be a question related 
to the merits of the case. :