Current through April 27, 2017
Rule 212.4 - Pre-Trial Conference(a) For purposes of this rule, "pre-trial" shall mean a type of conference described in Pa. R.C.P. No. 212.3.(b) Pre-Trial conferences are extended to all actions, whether jury or non-jury, not subject to arbitration under 1301.(c) Any application for continuance of the conference shall be addressed to the Court.(d) Counsel attending the pre-trial conference must have complete authority to stipulate on all items of evidence and admissions and shall, if possible, have full settlement authority.(e) One week before the date set for the pre-trial conference each party shall file a pre-trial statement with the Prothonotary containing the following: (1) A narrative statement of the facts that will be offered by oral or documentary evidence at trial, and a statement of any unusual questions of evidence anticipated with respect to proof of such facts.(2) A statement of any unusual question of law anticipated with respect to the issues in the case. All such questions shall be presented with a statement of authority supporting the position taken with respect to such unusual questions of law.(3) A list of names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses.(4) Medical reports of any doctor who treated, examined or was consulted in connection with the injuries complained of, and who may be called as a witness.(5) The reports of any expert whose opinion will be offered in evidence at the time of trial. Such report shall include the findings and conclusions of the expert.(6) A list of all items of special damages which the party intends to prove, including medical bills, property damage bills (or estimates if there are no bills) and loss of earnings. Claims for loss of earnings shall set forth the names of employers, dates of absences and rates of pay. If the party is self-employed, information which forms the basis for the loss of income attributable to the injuries shall be supplied.(7) A list of exhibits which the party may use at trial. (8) A copy of any photographs, plan or plot proposed to be introduced into evidence.(9) An estimate of the length of time which will be required to try the case.(10) A list of proposed stipulations or special arguments which would simplify the trial of the case.(f) Once a pre-trial conference has been held, a party shall not have the right to call any witness where the witness was not listed in the pre-trial statement, to call an expert witness where the report was not appended to the pre-trial statement, or to present any exhibit, photograph, plot or plan not listed or appended in the pre-trial statement unless application is made to the Court setting forth the reasons the witness, the report, the exhibit, photograph, plot or plan was not listed or appended to the pre-trial statement and after argument, the Court, in the exercise of its discretion, permits the use of said witness, report, exhibit, photograph, plot or plan at trial. Once the trial commences, no witness, exhibit, photograph, plot or plan shall be used by either party, except as rebuttal, unless they were listed in the pre-trial statement or their use has been authorized by special leave of court.(g) The Court shall enter an order at the conclusion of the pre-trial conference setting forth the time of the selection of the jury, the days certain for the commencement of the trial, and any stipulations or any special agreements as to the case agreed upon by the parties.