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.
The New Hampshire pretrial conference order or pretrial order is an essential legal document that outlines the matters to be addressed before a trial. It serves as a comprehensive guide for the court proceedings and ensures an efficient and organized trial process. In New Hampshire, there are various matters that should be included in the pretrial conference order or pretrial order, each serving specific purposes. Some of the key matters that should be covered are: 1. Case Information: The pretrial order must include details about the involved parties, their legal representation, case numbers, and any prior court orders or decisions that may impact the trial. 2. Statement of Jurisdiction: This section outlines the court's authority to hear and decide upon the case, providing a brief overview of the legal basis for the court's jurisdiction. 3. Issues to be Litigated: The pretrial order should clearly identify the issues that will be addressed at trial, including the main claims, defenses, and any counterclaims or cross-claims. 4. Witnesses: The order should list the names and contact information of all witnesses to be called by either party, distinguishing between fact witnesses and expert witnesses. It may also include summaries or statements from witnesses regarding their expected testimony. 5. Exhibits: This section should outline the exhibits or evidence that will be presented during the trial. It should include a detailed list of documents, photographs, videos, or other tangible evidence and specify whether they will be admitted as exhibits. 6. Expert Witnesses: In cases where expert testimony is necessary, this section should provide the names, qualifications, and areas of expertise of the experts. It should also include a summary of their expected testimony. 7. Stipulated Facts: If the parties have agreed upon certain facts or issues, they should be clearly stated in the pretrial order to avoid unnecessary litigation during trial. 8. Discovery: The order should address any pending discovery matters and specify the deadline for completing discovery, including the production of documents, interrogatories, depositions, or expert reports. 9. Pretrial Motions: If there are any outstanding pretrial motions to be decided, such as motions to dismiss or motions for summary judgment, they should be listed in the order. 10. Trial Schedule: This section should outline the dates, times, and estimated duration of the trial. It may also include any necessary breaks or adjournments. 11. Settlement Discussions: If the parties have engaged in settlement discussions or alternative dispute resolution methods, such as mediation or arbitration, the order should indicate the status and any relevant agreements reached. 12. Pretrial Conference Summary: The order should summarize the discussions or decisions made during the pretrial conference, including any matters resolved or outstanding issues requiring further attention. These are some of the key matters that should be included in a New Hampshire pretrial conference order or pretrial order. However, it is important to note that the specific requirements and format may vary depending on the court's local rules and the nature of the case. It is advisable to consult the court's guidelines or seek legal advice to ensure compliance with all necessary components.
