Merc. Cnty. Pa. 212

As amended through November 4, 2016
Rule 212 - Pre-Trial Conference
(a) All civil actions at law and in equity, both jury and non-jury, excluding those within the jurisdictional limits of compulsory arbitration and not appealed, and actions of divorce or annulment shall be pretried unless dispensed with by special order as unnecessary.

No other civil action need be pretried unless required by special order of this court.

(b) Any and all admissions of fact or documents, amendments to pleadings, agreements of counsel and any other matters resolved or determined by the court at the pre-trial conference shall be made into an order by the court and made a part of the record.
(c) At the pre-trial conference, each counsel of record representing a party to the action shall present to the court, and serve a copy on all other counsel, 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 law that may arise.
(d) Each person or corporation having an actual interest in the case -- whether as a party, as the insurance carrier of a party, or otherwise--shall either be personally present at the pre-trial conference or shall there be represented by someone authorized to speak for him or it with respect to the trial of the case and its settlement.
(e) All unusual questions of law shall be presented to the pre-trial judge with a statement of the authority supporting the position of that party. If a party desires, he may present such questions in the absence of the opposing party and his counsel.
(f) Exhibits may be marked prior to trial by the court stenographer. It is recommended, although it is not required, that a list of exhibits, including a description of each, be given to the court and to the stenographer at the commencement of the trial.
(g) At the pre-trial conference, each party shall submit to the court and to opposing counsel the following:
(1) A list of the names and addresses of all witnesses that party proposes to call, classifying them as witnesses to liability or to damages. The listing of a witness by a party shall impose no obligation on the party to call the witness or to procure attendance at the trial.
(2) A copy of any plan or plot that party proposes to introduce into evidence.
(h) If a party, in the exercise of reasonable diligence, first becomes aware of the necessity or the desirability of using a witness or a plan or plot subsequent to the pre-trial conference, that party shall forthwith file the name, address and classification of the witness or a copy of the plan or plot with the court and serve a copy upon opposing counsel. Filing and service less than forty-eight hours before the opening of the trial shall not be deemed compliance with this subsection.
(i) A party may not call a witness nor offer a plan or plot without complying withsub-section (g) or (h) hereof unless that party shall first secure the permission of the court upon cause shown.

Merc. Cnty. Pa. 212

Adopted July 19, 2004, effective 30 days after publication in the Pennsylvania Bulletin.