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.
Hawaii Matters that Should be Included in Pretrial Conference Order or Pretrial Order In the state of Hawaii, the pretrial conference order or pretrial order is a critical document that outlines the necessary information and matters that must be addressed before a trial commences. This document serves to streamline the upcoming trial by ensuring both parties are well-prepared and aware of the expectations and requirements. When preparing the pretrial conference order or pretrial order, the following matters should be included: 1. Case Summary: Begin by providing a concise summary of the case, including relevant parties, claims, and essential facts. This ensures everyone involved has a clear understanding of the case's background when reviewing the order. 2. Parties' Contact Information: Include the contact information for all parties involved, such as their names, addresses, phone numbers, and email addresses. This facilitates clear communication throughout the trial process. 3. Discovery Schedule: Outline the deadlines and procedures for the exchange of information and evidence between the plaintiff and defendant. This includes the cut-off dates for submitting and responding to discovery requests, as well as any specific guidelines for the deposition of witnesses. 4. Motions and Pleadings: Specify the deadlines for filing motions, responses, and replies. It is crucial to include any relevant regulations or requirements concerning the submission of these motions to ensure compliance and avoid delays. 5. Witness List: Each party must provide a comprehensive list of witnesses they intend to call to testify during the trial. This list should include the witnesses' names, addresses, and a brief summary of their expected testimony. The order may also include a deadline for exchanging witness lists or disclosing experts. 6. Exhibits: Establish clear guidelines on the exchange and acceptance of exhibits. Parties should include a list of proposed exhibits and indicate whether they are stipulated or disputed. It is also essential to specify the deadline for providing copies of exhibits to opposing counsel. 7. Settlement Attempts: If the parties have engaged in any settlement negotiations, briefly summarize the progress and any agreements reached thus far. Additionally, include any requirements for further settlement discussions or mediation before the trial takes place. 8. Trial Schedule: Provide a detailed timeline for the trial, including the date, time, and location. This section should also include estimated durations for each phase of the trial proceedings, such as opening statements, witness testimony, closing arguments, and jury instructions. 9. Pretrial Conference: If a pretrial conference is scheduled, specify the date, time, and location, and outline its purpose. This may include further clarifying issues, discussing any outstanding motions, or addressing any potential settlement opportunities. 10. Additional Matters: Include any other matters relevant to the case, such as stipulations agreed upon by both parties, precluding certain evidence, addressing potential witnesses' availability, or discussing anticipated legal or evidentiary issues. Different types of Hawaii Matters that Should be Included in Pretrial Conference Order or Pretrial Order can vary depending on the specific nature of the case, but the aforementioned points are generally consistent in most cases. It is important for both parties to review and understand the pretrial conference order or pretrial order thoroughly to ensure compliance and preparedness for the upcoming trial.
