Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by directive of the judge in the individual case, particularly in the absence of a preconference meeting. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the pretrial judge. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.
In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the disposition of the action; (2) establishing early and continuing control so that the case will not be protracted because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial through more thorough preparation; and (5) facilitating the settlement of the case.
Delaware Matters that Should be Included in Pretrial Conference Order or Pretrial Order: Delaware pretrial conference orders or pretrial orders are essential legal documents that outline various matters and stipulations before a trial in the state of Delaware. These orders serve as a roadmap for the proceedings, facilitating the efficient and fair administration of justice. The following are key matters that should be included in a Delaware pretrial conference order or pretrial order: 1. Identification of Parties: The order should clearly identify the plaintiff(s) and defendant(s) involved in the case and provide their respective contact information. 2. Case Caption: The caption should include the court name, case number, and names of the parties involved as it will appear on all subsequent filings. 3. Filings and Deadlines: The order must establish specific deadlines, such as the filing date for any subsequent motions, briefs, or exhibits, including any restrictions or requirements for these filings. 4. Discovery: The order should address the scope and schedule for the discovery process, including deadlines for disclosure of witnesses, expert reports, and any limitations or protective orders regarding sensitive information. 5. Witness Lists: A comprehensive list of witnesses proposed by each party should be included, specifying whether they are fact witnesses or expert witnesses. The order may also require the exchange of witness statements or summaries before trial. 6. Exhibits: The pretrial order should identify the exhibits expected to be introduced during the trial, providing an opportunity for the opposing party to object to their admissibility. 7. Legal Issues: Any legal matters that need resolution prior to the trial, such as motions in liming, should be included in the pretrial order. 8. Jury Selection: If the case involves a jury trial, the order should outline the process for jury selection, including any requirements for juror questionnaires or void dire. 9. Proposed Jury Instructions: Each party should submit their proposed jury instructions to the court before trial, and the order should address their submission deadlines. 10. Expert Testimony: The order should outline the process for identifying, disclosing, and challenging expert witnesses, including any Dauber or Frye hearings if necessary. 11. Stipulations: Any undisputed facts or agreed-upon issues should be discussed in the order to avoid wasting trial time. 12. Time Allocation: The pretrial order should allocate a specific amount of time for each party's opening statements, examination of witnesses, closing arguments, and any rebuttal time. 13. Settlement Considerations: The order may encourage parties to engage in settlement discussions before trial or establish a mandatory alternative dispute resolution process. 14. Trial Date and Location: The pretrial order should specify the trial date and the courtroom where the trial will take place. These matters should be carefully addressed in a Delaware pretrial conference order or pretrial order to ensure the smooth progression and organization of litigation. Failure to adhere to the terms outlined in the order may result in sanctions or other penalties imposed by the court.
