A pretrial stipulation is a form completed by the plaintiff and defense counsel prior to trial that informs the judge about the case, the witnesses and evidence and sets forth what the parties agree on and what is being disputed. It typically is filed jointly by both parties and signed by the respective attorneys and will usually start with identifying the parties and the facts of the case such as the fact that the lawsuit arose from a West Palm Beach car accident between plaintiff and defendant and will identify the date, time and location and facts of the collision.

The plaintiff will then state what he/she is seeking as damages such as past and future medical costs, past and future wages, past and future pain and suffering and physical impairment, disfugurement, mental anguish, inconvenience, aggravation of a disease, aggravation of a pre-existing physical defect or condition, or loss of capacity for the enjoyment of life. The defendant usually admits certain facts about the case and then states what it is disputing. The parties state whether there are any motions in limine pending which are motion to limit certain evidence in a case which usually must be ruled on by the court prior to trial. The parties will states all appliccable rules of law and stipulated facts and then the issues for determination at trial. Stipualted facts might include date, location and time of the accident along with jurisdiction and venue. Issues for trial will usually be damages, reasonablenenss of medical bills, no-fault threshold.

Both parties must attach witness and exhibit lists to the pretrial stipulation. Plaintiff's exhibit list in a West Palm Beach car crash case might include:

PLAINTIFF’S WITNESS LIST

1. All parties to this action.
2. All persons named in depositions.
3. All persons named in Answers to Interrogatories.
4. All persons named in the hospital records.
5. All persons named by the defendants in this action.
6. Impeachment and Rebuttal witnesses.
7. All records custodians for all documents listed on the Plaintiff’s exhibit list and all other witnesses needed to authenticate such documents.

8. All witnesses listed by the Defendants, without waiving objections thereto.

9. All before and after witnesses.

10. Plaintiff reserves the right to call, amend and/or produce any and all witnesses that may be newly discovered from time of filing of this compliance forward at any time prior to trial.
11. Any and all individual physicians, medical doctors, osteopaths, chiropractors, nurses, therapists, ambulance services or health care providers of any type who have examined or treated Plaintiff, including but not limited to all said health care providers whom have examined and/or treated the Plaintiff, as listed below.

It is anticipated that all experts and/or healthcare providers, including each of the following, will testify regarding all examinations and diagnostic testing performed; radiographic studies; the nature and extent of Plaintiff’s injuries; the medical care given; the mechanism of injury; the issue of causation; the issue of permanency; the issue of future care; ability to work, ability to perform daily activities, amount of medical expenses in the past as well as in the future.

12. All persons named in accident report.

Defendant's witness list in a West Palm Beach car accident case might include:

DEFENDANT’S WITNESS LIST

1. The parties to this lawsuit.
2. Any and all persons listed on any other party's Pretrial Stipulation.
3. Any and all persons listed on the police report, including the investigating officer.
4. Any and all persons or entities named in any depositions, answers to interrogatories, or other discovery taken in this matter.
5. Those witnesses necessary for impeachment purposes.
6. Any person deposed in this cause.
7. Any person inspecting the vehicles or property involved in this matter.
8. A representative of Plaintiff(s) PIP or collateral source insurance carriers who will testify to benefits paid or payable.

In addition to witness lists, both parties must file an exhibit list. The plaintiff in West Palm Beach car accident case might include the following on an exhibit list:

PLAINTIFF’S EXHIBIT LIST

1. CV of any expert or witness retained or called by any party.

2. Police accident report, including all attachments, diagrams and/or addendums thereto.

3. Impeachment exhibits as needed.

4. Any and all photographs of the Plaintiff, before and/or after the accident, the scene of the incident and/or property of the Defendant.

5. Any and all photographs of the accident scene taken prior to, and following the subject incident.

6. Any and all photographs of the vehicles involved in the subject accident

7. Any and all transcripts from depositions and/or videotapes given in this action by any party or third-party witness.

8. Any and all medical records, surgical photographs, medical reports, surgical reports, prescriptions, progress notes, doctor’s notes, lab reports, radiology reports, medical bills, insurance forms or invoices from any listed medical providers, and any other medical providers that have treated the Plaintiff for this injury or any other injury which may have a bearing on this injury and that may be unknown at this time, including but not limited to records of all healthcare providers listed on any party’s witness and exhibit list.

9. Any and all discovery documents prepared by any party including, but not limited to, Answers to Interrogatories, Responses to Request for Production, Non-Party Production and Responses to Request for Admissions.

10. All exhibits listed by the Defendants, without waiving objections thereto.

11. Defendants’ interrogatory answers.

12. Drawings/graphs depicting the scene and/or photographs of this incident.

13. Composite exhibit of radiographic files and scans concerning Plaintiff

14. The Court file in this case.

15. All exhibits to depositions.

16. All documents produced by Plaintiff to Defendants during discovery.

17. All documents produced by Defendants to Plaintiff during discovery.

18. Any and all exhibits listed on pre-trial catalogue.

19. Anatomical models and charts.

20. Mortality Tables.

21. Any and all expert witness reports.

22. Demonstrative aids as needed.

23. Any and all exhibits revealed through further discovery.

24. The Plaintiff reserves the right to amend their witness and/or exhibit list to include any documents and/or witnesses at any time prior to trial.

25. Statements from any and all witnesses.

26. Repair estimates

27. Medical Chronology graph depicting the dates and types of treatment.

28. Surgical Tools to be used as demonstrative aids.

The defendant's exhibit list in a West Palm Beach car accident case might include:

DEFENDANT’S EXHIBIT LIST

1. All applicable Florida Statutes and County Ordinances.
2. Those exhibits necessary for impeachment purposes.
3. Any and all exhibits listed in the Plaintiff(s) Pretrial Stipulation or Expert Witness List.
4. Photographs and diagrams of the accident scene.
5. Photographs of vehicles involved in the accident.
6. Medical records of the Plaintiff(s).
7. Hospital records of the Plaintiff(s).
8. X-rays, MRI films, CT scans, and any other diagnostic tests and/or studies.
9. Employment records of the Plaintiff(s).
10. Collateral source policies and records pertaining to the Plaintiff(s).
11. Income tax returns of the Plaintiff(s).
12. Any exhibits attached hereto.
13. Police accident report.
14. Any and all photographs, diagrams, film, and videotapes of the accident scene and/or parties to this lawsuit.
15. Any and all exhibits listed on any previously filed Pretrial Stipulations or Exhibit Lists in the above cause.
16. Clinical Practice Guidelines and Associated Publications of the United States Public Health Service pertaining to the Plaintiff's condition.
17. Demonstrative exhibits consisting of depictions of the Plaintiff’s MRI and other radiographic and comparative studies with respect to the alleged injuries at issue in this cause.
18. All records obtained through subpoena as set forth in Number 9 of the above Witness List.
19. All responses to Request for Production, Interrogatories, and Request for Admissions filed in this matter.
20. All deposition transcripts obtained in this matter.

The pretrial stipulation will then estimate the time needed for trial, the number of peremptory challenges per side, identify the attorneys trying the West Palm Beach car accident case, and any other agreements between the parties. Jury instructions and a verdict form will also be attached.