|
RULE 7 PRE-TRIAL CONFERENCE
RULE 7.1 - PRE-TRIAL CONFERENCE
All civil jury cases and such other civil and criminal cases as the court requires shall be pre-tried.
RULE 7.1.1 - PURPOSE
The purpose of a pre-trial shall be to accomplish the objectives set forth in Rule 16 of the Civil Rules and Counsel shall cooperate fully in such procedure.
RULE 7.2 - PRE-TRIAL APPEARANCES
The parties and their respective counsel shall appear at each pre-trial session. A corporate party may appear by an officer or by an employee having knowledge of the subject matter of
the case. A party who is insured concerning the claims of the case may appear by a claims representative of and/or the attorney for his public liability insurance company. However, if the court finds that the presence of the
insured party is essential to the conduct of the pre-trial, the hearing officer may direct such party also to appear. A party unable to appear by reason of illness or other disability, or residing outside the jurisdiction of
the court, may be excused from appearing.
RULE 7.3 - PRELIMINARY ISSUES
The hearing officer shall have authority to decide any undetermined preliminary matter; to record any admissions stipulations or agreements; to hear and determine the case with the consent
of the parties, to make such findings, orders, judgments, or decrees as may be warranted and proper under the circumstances and within the scope and spirit of this rule, including the consideration of any pending motions; to
set the case for trial or dismissal or to take other appropriate action if either or all of the parties and their respective counsel fail to appear at a duly assigned pre-trial hearing.
RULE 7.4 - EVIDENCE
At the pre-trial, supporting evidence for claims of special damages shall be available and photographs, reports or physical examinations and any proposed exhibits shall be available for disclosure
to the Court and all counsel.
RULE 7.5 - PARTY STATEMENTS
Statements of the parties or their Counsel made in the course of any pre-trial hearing shall not be binding upon the parties unless expressly made so by written stipulation in the course of
the pre-trial.
RULE 7.6 - PRE-TRIAL DISCLOSURES
Counsel shall, at least five (5) days before the pre-trial conference, provide opposing counsel with a list of names, identities, and whereabouts of each witness expected to be called
at the trial, together with a brief statement of what counsel proposes to establish by the testimony of each such witness. Only such material points which counsel proposes to establish by the testimony of such witness need be
disclosed, but the refusal or willful failure of any counsel to disclose a material point may render evidence on that point inadmissible at the trial. If such disclosure is made and counsel discovers the name of an additional
witness or names of additional witnesses on that point which were not known at the time of the previous disclosure, the same information required to be disclosed previously shall be furnished opposing counsel forthwith by a
copy of the original of such disclosure, which shall be filed with the clerk.
RULE 7.7 - COMPLETION OF DISCOVERY PRIOR TO PRE-TRIAL
Counsel shall complete all necessary discovery prior to the pre-trial conference. If discovery has not been completed and cannot be completed prior to the pre-trial
conference, counsel shall so advise the court within five (5) days after receipt of assignment of the pre-trial conference with request for continuance signed by the Attorney and the party requesting the continuance and the
other parties to action. Such continuance shall not be granted except for good cause.
RULE 7.8 - PRE-TRIAL PROPOSED WRITTEN ORDERS
Each counsel present at the pre-trial shall submit to the Court and opposing counsel a proposed written order which recites the action taken at the pre-trial
conference, in order to assist the Court in entering such an order. Such proposed orders shall be submitted within ten (10) days after the conference.
|
