2.02.150 [Rule 12] Pretrial Conference

(a) In the interest of saving time, simplifying the issues and avoiding unnecessary litigation, the Judge may, on his or her own motion, or on the motion of any party, schedule one or more pretrial conferences with all parties to a case. In any case determined by the Judge to be complex, at least one pretrial conference shall be held after the completion of discovery and early enough to aid parties in planning for trial.

(b) The pretrial conference shall be held in an informal setting and shall be conducted without formal procedures. The parties and the Judge shall discuss areas where the parties are in agreement and areas where they disagree. The purpose of the discussion shall include the following:

(1) To identify and dispose of issues which may be resolved without a trial;

(2) To narrow and focus issues of law which remain to be decided and to identify central acts which are still in dispute;

(3) To limit the number of witnesses and the evidence that will be presented so that testimony and other evidence is not repetitious or irrelevant; and

(4) To avoid surprise at trial.

(c) To accomplish the above purposes, all parties to a lawsuit shall, at the pretrial conference after discovery, fully disclose:

(1) The names and addresses of all witnesses they expect to present at trial, and the basic information to which they expect the witness to testify;

(2) All documents they expect to introduce as evidence, and the basic information which they intend to prove with those documents; and

(3) All objects which they intend to introduce as evidence and the basic information which they intend to prove with those objects.

(d) No party shall be permitted to use the testimony of any witness or introduce as evidence any document or object unless they disclose the witness, document, or object at the pretrial conference as provided in (c) above, unless the party proves that at the time of the pretrial conference they were unaware of the existence or nature of the witness, document or object and could not, with reasonable effort, have discovered it in time to disclose it. Such evidence must, in any case, be disclosed to the judge and opposing party as soon as possible before it may be offered in the trial.

(e) No offer of settlement or other statement which is made by a party during a pretrial conference may be used as evidence against that party if settlement is not then achieved. Agreements reached as a result of a pretrial conference shall be put in writing and signed by all parties. Such agreement shall be made part of the final judgment issued by the judge.