As amended through June 5, 2015
Rule 365 - Pretrial Procedure(a) Pretrial conferences shall be scheduled at the direction of the trial judge.(b) The pretrial judge shall generally be the trial judge.(c) Notice of the pretrial conference shall be contained within an order issued by the trial judge. Notice shall be provided in most cases at least thirty (30) days in advance of the pretrial.(d) Narratives shall be required for the first pretrial and shall be filed ten (10) days prior to the date of the conference.(e) The narrative shall contain the following;(1) A brief summary of the facts:(2) All items of economic damages which the Plaintiff intends to prove, including medical bills, property damages bills and loss of earnings;(3) The names and addresses of all persons who maybe called as witnesses, classifying them as liability and/or damage witnesses;(4) Copies of all reports of any expert who treated, examined, or was consulted in connection with the injuries complained of, and who may be called as an expert witness.(5) Copies of all reports of any expert whose opinion will be offered in evidence at the time of trial. Such reports shall include the findings and conclusions of the expert;(6) Any special legal or evidentiary issues;(7) The estimated length of trial;(8) Any scheduling problems;(9) The settlement demand and any responsive offers; and (10) A list of anticipated exhibits to be used at the time of trial.(f) At least one week prior to the pretrial conference, all parties shall confer and consult with each other as often as may be necessary for the following purposes: (1) To explore in every respect the possibility of settlement; including exchange of good faith demand and offer, and(2) To consider the factual and legal issues involved.(g) Supplements to a written pretrial memorandum may be filed by any party after their original pretrial memorandum has been filed. However, no supplemental pretrial memorandum may be filed later than thirty (30) days prior to the scheduled jury selection. Should any party need additional time for preparation, or discovery as a result of a supplemental pretrial memorandum being filed, a petition must be promptly filed with the Court seeking such an extension of time prior to the scheduled trial date.(h) Any narrative and/or supplement not timely filed may result in a fine and a copy of the sanctioning order shall be sent to the litigants by the Court.(i) Counsel attending the pretrial conference must have complete authority to stipulate regarding items of evidence and admissions, and must have full settlement authority. Counsel shall have the client and those with settlement authority available either in person or by phone for consultations regarding settlement.(j) At the pretrial conference, counsel shall be prepared to discuss fully with the Court the possibility of settlement of the case. At the conclusion of the conference, the judge shall make an order reciting the actions taken at the conference, including the agreements made by the parties as to any of the matters considered, the issues of trial and the admissions of fact obtained at the conference. The pretrial conference Order shall include a date for the filing of any pretrial motions and supporting briefs, voir dire questions, and a scheduled date for argument if appropriate.(k) Motions for Summary Judgment, consolidation, bifurcation and severance must be made at least thirty (30) days before the date of the pretrial conference. Such motions generally require a decision before meaningful progress can be made in preparing a case for trial or negotiating a resolution to the lawsuit. It is the preference of the Court to resolve these matters prior to the pretrial conference if possible.