Federal Procedure- Pre-Trail Disclosures- Sanctions Available to Enforce Pre-Trial Orders

Petitioner, plaintiff in an action in federal district court, was ordered under Federal Rule 16 to submit pre-trial statements setting out the facts of the case, his damages, his witnesses and exhibits, and his legal theories of recovery. His counsel filed statements which were adjudged insufficient, and a pre-trial order was entered precluding petitioner from offering at trial any testimony by witnesses other than himself and his wife, or any evidence concerning liability in negligence or breach of warranty, and limiting his exhibits and evidence of damages. On petition for mandamus to set aside the preclusion order, held, granted, one judge dissenting in part. Since Rule 16 authorizes the issuance of an order setting forth only those points on which the parties have willingly reached agreement, the information requested could not be compelled, and the preclusion order exceeded the judge’s authority. Padovani v. Bruchhausen, 293 F.2d 546 (2d Cir. 1961).