Main Content
PAYNE V. S. S. NABOB United States Court of Appeals, Third Circuit, 1962. 302 F.2d 803.
This case concerns the importance of a pretrial order.
If issues remain to be tried after summary judgment motions (if there were any such motions), the district court assigns a trial date. At that point, standard practice is to require the parties to meet to propose a pretrial order listing the claims, defenses and issues to be tried, the witnesses the parties anticipate calling, the documents and other exhibits they will introduce, the length of time the trial will require (or that the district court will allow it to occupy), and other such issues.
This case concerns what happens when a party attempts at trial to depart from the provisions of the pretrial order.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.