Effective Date: | 11/05/2018 |
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Updates: | Amended July 27, 2018, effective November 5, 2018 |
Superseded by Rule 14. Pre-trial conference in care and protection cases (Effective August 4, 2025)
Effective Date: | 11/05/2018 |
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Updates: | Amended July 27, 2018, effective November 5, 2018 |
Superseded by Rule 14. Pre-trial conference in care and protection cases (Effective August 4, 2025)
A pretrial conference shall be scheduled to occur no later than thirty days before the trial on the merits, except for good cause shown provided however, that it shall be scheduled to occur after the date upon which the court investigator's report is due. All parties are required to be present with counsel at the pretrial conference, except that counsel for the child may appear without his/her client. Failure of one or more parties to appear shall not preclude the court from proceeding with the pretrial conference.
The parties shall file written witness and exhibit lists with the court at the pretrial conference. As a matter of discretion in a particular case, the trial judge may order the parties to submit a written joint or individual pretrial memorandum that covers any or all of the issues set forth below in subsection B of this rule. Parties shall be bound by the witness and exhibit lists filed separately or set forth in a pretrial memorandum, except by court order for good cause shown.
At the pretrial conference, the court shall address the matters set forth below:
The court shall address, where applicable:
At the pretrial conference, unless previously scheduled, the court shall schedule a hearing on the merits to be heard within twelve months of the filing of the petition unless a later date is necessary in the interests of justice.
This rule differs from the prior 2007 rule in that it retains the pretrial conference and written witness and exhibit lists but removes the requirement of a written pretrial conference memorandum unless ordered by the trial judge. Pretrial memoranda that contain mere boilerplate paragraphs relative to the issues to be addressed or a list of all possible witnesses are of no value to the court.
In some divisions, proposed exhibits are marked for identification at various stages of the proceedings. In those divisions, when listing exhibits marked for evidence under Rule 15 B. 6, counsel should use the same numbers used by the court to mark the exhibits for identification.
If a date has not been set for the submission of, or to hear, motions in limine, the trial judge should schedule said date(s) at the pretrial conference.
Updates: | Amended July 27, 2018, effective November 5, 2018 |
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