Current through Register Vol. 54, No. 49, December 7, 2024
Rule 212.2 - Civil actions to be tried by jury. Pre-trial statement. Content. Sanctions(a) A pre-trial statement shall contain(1) a brief narrative statement of the case;(2) a list of the types and amounts of all damages claimed;(3) a list of the names and addresses of all persons who may be called as witnesses by the party filing the statement, classifying them as liability or damage witnesses. A reference which does not state the name of the witness shall be permitted when the witness is described by title or representative capacity;(4) a list of all exhibits which a party intends to use at trial;(5) a copy of the written report, or answer to written interrogatory consistent with Rule 4003.5, containing the opinion and the basis for the opinion of any person who may be called as an expert witness;(6) stipulations of the parties, if any; and (7) such additional information as the court by local rule or special order may require.(b) The exhibits listed in the pre-trial statement, or copies thereof, shall be made available by the party filing the statement.(c) Where the trial judge determines that unfair prejudice shall occur as the result of non-compliance with subdivisions (a) and (b), the trial judge shall grant appropriate relief which may include (1) The preclusion or limitation of the testimony of (i) any witness whose identity is not disclosed in the pre-trial statement, or(ii) any expert witness whose opinions have not been set forth in the report submitted with the pre-trial statement or otherwise specifically referred to in the pre-trial statement, consistent with Rule 4003.5, and(2) The preclusion of exhibits not listed in the pre-trial statement and made available.The provisions of this § 212.2 adopted August 11, 1997, effective 12/1/1997, 27 Pa.B. 4426.