L212.2

Chapter II

BUSINESS OF COURTS

Rule L212.2

PRETRIAL STATEMENT

(a) At least 10 days prior to the pretrial conference, every party shall file and serve upon opposing counsel and any unrepresented party a pretrial statement. The pretrial statement shall contain all items described in Pa.R.C.P. 212.2 and the following:
(1) A list of all exhibits which a party intends to use at trial. The party listing an exhibit shall be under no obligation to produce or offer that exhibit at the time of trial. The pretrial statement shall indicate the parties’ agreement or disagreement as to the authenticity and admissibility of each exhibit. As far as practicable, copies of the exhibits should be attached to the pretrial statement. Copies of all such exhibits shall be served on opposing counsel or unrepresented parties with the pretrial statement.
(2) A detailed statement of any unusual questions of law or evidentiary issues, motions in limine or motions for sanctions, together with a legal memorandum in support of that party’s position. As part of the conference, the court may hear arguments regarding such issues.
(3) A list of all objections appearing in depositions of expert witnesses, if
depositions have been taken.
(4) A list of all proposed voir dire questions. A party’s proposed voir dire questions may be amended or supplemented provided it does not delay the trial.
(5) All proposed points for charge together with a citation to authority if the proposed points are not the same as those set forth in the PA Suggested Standard Civil Jury Instructions. A party’s proposed points for charge may be amended or supplemented provided it does not delay the trial.
(6) Each party remains under a continuing obligation to supplement their pretrial statement up to the time of trial.
Rule L212.3 PRETRIAL CONFERENCE AND SCHEDULE FOR TRIAL
(a) If no settlement is reached at the conciliation conference held pursuant to Local Rule L212, the court shall schedule a pretrial conference not earlier than 90 days following the conciliation conference. After the conciliation conference, but prior to the pretrial conference, the parties shall schedule and complete all depositions required for use at trial so that all depositions will be timely completed and transcribed as not to delay the trial.

(b) Unless excused by the court upon good cause shown, all trial counsel must attend and be present at the pretrial conference.
Note: This Rule is mandatory and changes prior practice in Lawrence County which informally permitted, in special circumstances, substitute counsel for trial counsel. By this Rule, all requests to be excused shall be by formal motion or petition setting forth all reasons for the request.

(c) At the conclusion of the pretrial conference, the court shall schedule the case for trial, unless the parties otherwise resolve the case.

(d) Sanctions. The court considers compliance with the provisions of this rule fundamental to the orderly administration of justice and disposition of actions. Any unjustified failure to fully comply with this Rule shall constitute grounds for the imposition of sanctions as provided by rule of court and general law including, but not limited to, reasonable counsel fees under 42 Pa.C.S.A. §2503 and civil and criminal contempt proceedings.