The Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Rule 16 of the Federal Rules of Civil Procedure provides in part as follows:
(a) Purposes of a Pretrial Conference. In any action, the court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as:
(1) expediting 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 settlement.
The New Jersey General Form of Pretrial Order is a legal document that provides a detailed outline and structure for the pretrial proceedings in a civil case in the state of New Jersey. This important form establishes the framework within which the case will be litigated, ensuring that all parties involved are aware of their obligations and responsibilities during the pretrial phase. The New Jersey General Form of Pretrial Order consists of several essential sections, each addressing different aspects of the pretrial process. Some key components typically included are: 1. Case Information: This section includes the names and addresses of the parties involved, as well as their attorneys. It also includes the court docket number, which is crucial for tracking the case's progress. 2. Legal Issues: Here, the legal claims and defenses of each party are identified and summarized. It serves as a concise overview of the legal arguments that will be presented during the trial. 3. Statement of Facts: This section outlines the essential facts of the case, highlighting the key events, dates, and circumstances relevant to the dispute. It helps the court and the opposing party understand the nature of the conflict. 4. Witnesses and Exhibits: Parties are required to list the witnesses they intend to call and the exhibits they plan to introduce as evidence during the trial. It ensures that both sides have a clear understanding of the evidence that will be presented. 5. Expert Witnesses: If either party intends to present expert testimony, this section requires the disclosure of the experts' qualifications and a summary of their proposed testimony. This helps the court evaluate the relevance and reliability of the expert opinion. 6. Motions and Pleadings: Parties are expected to provide a list of motions and pleadings they have filed or intend to file. This ensures transparency and allows the court to address any pending issues before trial. 7. Settlement and Alternative Dispute Resolution: This section focuses on the possibility of resolving the case through settlement or alternative dispute resolution methods like mediation or arbitration. Parties are encouraged to discuss their willingness to engage in these processes. While the New Jersey General Form of Pretrial Order provides a standard structure for standard civil cases, there may be variations or additional forms for specific types of cases. For instance, there could be separate forms for family law cases, personal injury cases, or business disputes. However, the fundamental purpose of all these forms remains the same: to facilitate an organized and efficient pretrial process.
