Sample Pretrial Statement

Below is a full sample of a pretrial statement from a premises liability case tried by Ron Miller and Laura Zois. The jury returned a verdict of more than $500,000 after a $100,000 pretrial offer, in a case where contributory negligence was a central issue. We are including this example not just because it checked the procedural boxes, but because it helped frame the liability story, organize the damages evidence, and present the case with clarity before trial.  The goal is to give trial lawyers a useful model, not a one-size-fits-all template, because pretrial statement requirements vary by court and jurisdiction.

• How to Write a Pretrial Statement

Example Pretrial Statement

THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY, MARYLAND

NATASHA BEVENS
– Plaintiff

v

SEA SYSTEMS
– Defendant

CASE NO. 0702-0000000-2011

Plaintiff, Natasha Bevens, by and through her attorneys, Ronald V. Miller, Jr., Laura G. Zois, and Miller & Zois, LLC, offers this Honorable Court Plaintiff’s Pretrial Statement in the above-referenced matter.

STATEMENT OF THE FACTS

Plaintiff Natasha Bevens was working the overnight shift as a building service worker at Holabird Middle School when the building suddenly went dark in the early morning hours. One moment, she was doing the ordinary work of closing out another uneventful shift. The next, the lights were out, the school was swallowed in darkness, and a loud alarm was echoing through the halls. In a school that had been quiet just seconds earlier, the sound was jarring and urgent.

Ms. Bevens did what a reliable employee is supposed to do. She did not panic. She called her supervisor, reported the outage, and followed the instructions she was given. She was told to go to the electrical room and check the alarm. That was not some strange or forbidden place to her. It was part of the building she knew well, a room she had entered before in the course of her work. She had every reason to believe she could walk in, find the alarm panel, and do what needed to be done.

But when Ms. Bevens reached the electrical room, the space was pitch black. There was no warning tape. No barricade. No sign on the door. No indication that the room had been turned into a trap. Relying on her familiarity with the layout, she stepped inside and began moving toward the alarm panel. Then, in an instant, the floor gave way beneath her. Her foot plunged into an uncovered hole left in the room by contractors who had been working there the day before.

Those contractors were employed by Defendant Sea Systems, Inc. Less than twenty-four hours earlier, Sea Systems had been performing work in that electrical room. When they left, they did not cover the opening they had created. They did not secure the area. They did not post warnings. They simply walked away, leaving behind a dangerous condition that could not be seen in the dark by the very people expected to respond when the power failed, and the alarm sounded.

What happened next was violent and life-changing. Ms. Bevens suffered a complex open fracture and dislocation of her right ankle. The injury was not a minor twist or sprain. It was a catastrophic orthopedic injury that required surgery, including the placement of hardware, and left her with permanent nerve damage. The kind of pain that followed was not limited to the emergency room or the weeks after surgery. It became part of her daily life.

Ms. Bevens was only 38 years old when this happened. She had a projected life expectancy of another 43.6 years. What should have been decades of ordinary living, working, walking, and moving without thought are now overshadowed by chronic pain, physical limitation, and the need for ongoing pain management. This was not bad luck. It was the predictable result of a hazard that never should have been left behind in the first place.

COUNTERCLAIMS, CROSS-CLAIMS, THIRD-PARTY CLAIMS

None.

AMENDMENTS REQUIRED OF THE PLEADINGS:

None.

SIMPLIFICATIONS OR LIMITATIONS OF ISSUES

Plaintiff has served Defendant with Requests for Admissions, which could simplify some of the issues in the case; however, Defendant has not yet responded to the Requests.

ITEMIZATION OF DAMAGES

The plaintiff claims the following special damages to date:

Plaintiff reserves the right to make a claim for non-economic damages for pain and suffering incurred in the past, and pain and suffering that is reasonably expected to be incurred in the future. Plaintiff also intends to present evidence of the need for future medical treatment, including, but not limited to, pain management, office visits three times per year, and orthopedic consults at least once per year.

LIST OF DOCUMENTS AND RECORDS TO BE INTRODUCED INTO EVIDENCE:

1. Medical Records and Bills of the Plaintiff;
2. A Summary of Plaintiff’s Medical Specials;
3. Defendant Sea System’s Answers to Interrogatories;
4. Incident Report;
5. Deposition Transcript of Witness Warren Bright;
6. Deposition Transcript of Witness John Damron;
7. Deposition Transcript of Witness Mark Robinson;
8. Deposition Transcript of Andrew Kinman;
9. Deposition Transcript of Averell Reinhart;
10. Deposition Transcript of Scott Snyder;
11. Photographs of the area where the incident took place;
12. Demonstrative video of the Plaintiff’s surgical procedure;
13. Demonstrative anatomical exhibits of Plaintiff’s ankle;
14. Radiological Imaging of Plaintiff’s ankle;
15. Life table of the Plaintiff;
16. Documents produced by Defendant;
17. Relevant portions of authoritative sources relied upon by experts;
18. Diagram of the electrical room; and

Deposition Exhibits

The plaintiff reserves the right to introduce any documents exchanged during the course of discovery that are not specifically identified above.

PLAINTIFF’S LIST OF NON-EXPERT WITNESSES:

1. Plaintiff, Natasha Bevens;
2. Defendant, Sea Systems Inc., corporate representative;
3. Witness, Mark Robinson;
4. Witness, John Damon;
5. Witness, John Dunst;
6. Defendant Employee, Andrew Linman;
7. Defendant Employee, Averell Meinhart;
8. Defendant Employee, Steve Snyder;
9. Margaret Bevens;
10. Dennis Bevens;
11. Barbara Williams;
12. Mary Wood.

Plaintiff reserves the right to call any witnesses identified by either party during the course of discovery not listed above.

PLAINTIFF’S LIST OF EXPERT WITNESSES

1. Dr. LeBron Wade, Johns Hopkins Bayview Medical Center, 4940 Eastern Avenue, Baltimore, Maryland 21124, is an expert in the field of emergency medicine and general surgery, and orthopedic surgery;
2. Dr. Kobe Gasol, Johns Hopkins Bayview Medical Center, 4940 Eastern Avenue, Baltimore, Maryland 21224, is an expert in the field of general medicine, rehabilitation, and pain management; and
3. Kevin Westbrook, CSP, P.E., SPA, Inc., 203 West 11th Avenue, Baltimore, Maryland 21225, is an expert in the field of Workplace Safety and Human Factors.

Respectfully submitted,
Miller & Zois, LLC

Laura G. Zois
1 South St, #2450
Baltimore, MD 21202
(410)779-4600
Attorney for the Plaintiff

Certificate of Service

I, Laura G. Zois, do hereby certify that a copy of Plaintiff’s foregoing Pretrial Statement was hand-delivered on this ___day of ________, to:

Franklin & Prokopik
Two North Charles Street, Suite 600
Balti
more, Maryland 21201
Attorneys for Defendant

Laura G. Zois

Writing a Pretrial Statement

There are two kinds of pretrial statements. The first kind is perfunctory. We have all seen them. They are a stitched-together list of facts, witnesses, and exhibits written for compliance. The second kind tells the court what the case is really about, makes the defense uncomfortable, and quietly signals that you are ready for trial. That is the kind you want to write. Whether you are setting up a clean path to verdict or building leverage for settlement, a strategically crafted pretrial statement helps shape how your case will be tried, managed, and valued.

Writing a Pretrial Statement That Actually Moves the Needle

A pretrial statement is more than a formality. Done well, it is the first draft of your trial narrative, the first test of your credibility with the judge, and the first time the defense sees how serious you are about taking the case to verdict. It is not just about organizing facts. It is about imposing structure and intention on the chaos that is civil litigation.

Too often, lawyers treat pretrial statements as a clerical chore. That is a mistake. Judges read these. So do adjusters and defense lawyers who have not yet run the numbers on what a trial will cost them. A good pretrial statement gives them a reason to pick up the phone. A great one makes them nervous if they do not.

Here is how to write one that does real work for your case.

Know Your Jurisdiction Cold

Every jurisdiction has its quirks. Some courts want headings formatted a certain way, some require joint statements, and some will use this document to structure voir dire or control time limits at trial. Know the local rules. Some courts, for example, want a joint pretrial (which you want to avoid if you can). If your format is sloppy or off-base, the judge will assume your case is, too. And do not just look at the rules. Look at what the other serious trial lawyers in your venue are doing. This is one of the few parts of your case that the court reads before opening statements. You want to look like you have done this before.  So do not just cut-and-paste this example pretrial statement and use it in South Dakota without finding out how things play there.

Lead With the Right Tone

Your header should include the court name, case number, parties, and date. More importantly, your title and opening paragraph should do two things. First, establish that you are ready to try the case; second, tell the court what this case is really about. Not just slip and fall or rear-end collision, but a betrayal of safety, a failure to warn, a loss of mobility. You are not trying to win with rhetoric here, as we will talk about in a second. You are setting the emotional tone.

Stick the Facts (Save the Fire)

The statement of facts in a pretrial statement is not a closing argument. It is a test of your discipline. Be specific, chronological, and neutral in tone. Judges use this section to gauge your credibility and clarity. Resist the urge to editorialize, as hard as they can be when you are all worked up in advocacy mode. Focus on key facts that matter: timing, warnings, conduct, and injuries. Let the strength of your case speak for itself. Do not turn this into a position paper. Show that you can distill the story without embellishment.

Frame the Issues Legally and Practically

Lay out the legal issues, but do it with an eye toward what the jury will actually be deciding. Do not just list negligence or causation. Translate those into the real questions: whether the contractor created a hazard, whether the plaintiff had any way of knowing about it, and whether the pain is permanent. If the defense has raised affirmative defenses or counterclaims, flag them here. Resist the urge to litigate them. This is not the brief. This is the map.

Name the Witnesses Who Matter

This is where most lawyers play their hand too lightly. Do not just list names and addresses. Give one line of what each witness will say and why it matters. That includes your client. That includes your experts. If you have a treating physician who will come off polished and likable, say that. If the defense is sending a corporate representative who gave you gold in deposition, flag it. You want the court and the other side to know who is moving the chains.

Make Your Exhibits Count

List everything, but group them strategically: medical records, liability documents, demonstratives. If there is a video or diagram that will effectively illustrate your theory, highlight it. Do not make the court dig. If you have exhibits that will be the subject of motions in limine, anticipate the pushback now by framing them as essential, probative, and properly noticed.

Stipulations: Push Where You Can

If you have clean stipulations, such as authenticity of records, qualifications of experts, or basic background facts, use them. They make you look like a professional. They also save time, which courts increasingly appreciate. If the defense is dragging its feet or refusing to concede anything, that can be useful too. Judges pay attention to who is being reasonable.

Trial Logistics: Be the Adult in the Room

Outline your estimated trial length, your witness order, and any scheduling issues. This is not the place to be vague. If you can project calm, control, and clarity, you will score points with the bench that might pay off later in terms of credibility with the court. If you plan to file motions in limine, note that here. It signals you are thinking several steps ahead.

Say Where the Case Stands on Settlement

Be brief but honest. If mediation failed, say so. If the defense has offered policy limits, note that. If you believe trial is necessary because liability is denied or damages are lowballed, state it plainly. Judges appreciate knowing how close or how far you are from a deal. It informs their management of voir dire, jury selection, and how they will handle the trial calendar.

The best pretrial statements do not read like forms. They read like previews. They give the court a coherent, focused version of the case, and they give the defense a reason to recalculate their risk. Be deliberate. Be restrained. And above all, be clear. A judge should be able to read this and understand exactly what the case is about, who is credible, and why a jury might care. If you can do that, you are already winning.

More Personal Injury Samples

• Plaintiff’s Pretrial Statement: medical malpractice
• Defendant’s Pretrial Statement: medical malpractice
• Sample Mediation Statement: negligence
• Mediation Statement: malpractice/nursing home negligence
• Personal Injury Complaints: examples of a variety of personal injury lawsuits our attorneys have brought in other tort cases
• Sample Expert Designations: examples of expert designations filed by our attorneys on behalf of our personal injury clients.
• Contact us or call 1-800-553-8082 if you are a lawyer looking for assistance in handling or trying a personal injury case