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.
Maryland Matters That Should be Included in Pretrial Conference Order or Pretrial Order A pretrial conference order or pretrial order is a crucial document in Maryland courts that outlines the important matters to be considered before a trial. These orders play a vital role in organizing and streamlining the proceedings and ensuring a fair trial for all parties involved. In Maryland, several matters should be included in a pretrial conference order or pretrial order to effectively manage the case. Here are some key elements that should be covered: 1. Case Information: The pretrial order must include the case name, docket number, the name of the presiding judge, and the names and contact details of the attorneys representing each party. Providing this information helps in clearly identifying the case and the involved parties. 2. Statement of Issues: The order should outline the key legal and factual issues that need to be resolved during the trial. This helps the court and the parties to focus on the main points of contention and prepare their arguments accordingly. 3. Discovery Plan: A pretrial order must address the discovery process, which refers to the exchange of evidence and information between the parties. The order should identify whether all discovery has been completed or if there are pending requests. Additionally, it should specify any discovery deadlines that need to be met before the trial. 4. Witness and Exhibit Lists: The order should require each party to provide a list of witnesses they intend to call during the trial. This list should include the names, addresses, and contact information of witnesses to enable the smooth scheduling of their appearances. Similarly, parties should also disclose a list of exhibits they plan to introduce as evidence. 5. Stipulations and Agreements: If the parties have reached any agreements or stipulations on certain facts, those should be clearly summarized in the order. This helps in avoiding unnecessary disputes during trial and expedites the proceedings. 6. Motions and Evidentiary Issues: In cases where there are pending motions, the order should outline a timeline for their resolution. Additionally, any evidentiary issues or objections raised by the parties should be addressed to ensure a fair and efficient trial. 7. Trial Schedule and Timeframe: The pretrial order should include a detailed schedule for the trial proceedings, including the commencement date, estimated duration, and daily working hours. This allows all parties to prepare their calendars and resources accordingly. 8. Pretrial Submissions and Deadlines: The order should specify any pretrial submissions required from the parties, such as witness lists, exhibit lists, proposed jury instructions, or trial briefs. Deadlines for submitting these documents should be clearly mentioned to maintain order and fairness. Types of Maryland Matters That Should be Included in Pretrial Conference Order or Pretrial Order: — Civil Matters: These pertain to civil cases, including personal injury, contract disputes, property disputes, and more. — Criminal Matters: This includes cases involving criminal offenses, such as assault, theft, drug charges, and other criminal violations. — Family Law Matters: Pretrial orders in family law cases may address issues related to divorce, child custody, child support, alimony, and other related matters. — Probate Matters: Pretrial orders for probate cases deal with matters related to wills, estates, trusts, and the distribution of assets after a person's passing. It is essential for attorneys and litigants in Maryland to ensure these relevant matters are adequately addressed in the pretrial conference order or pretrial order to facilitate a smooth and fair trial while adhering to the intricacies of Maryland law.
