Washington General Form of Pretrial Order

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Multi-State
Control #:
US-02709BG
Format:
Word; 
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Description


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.

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FAQ

The pretrial conference is generally held approximately two weeks prior to trial. The attorneys report to the Judge on the progress of their case and if the case is ready for trial or if the case has reached a settlement. The trial date may be continued at this time if additional preparation is needed.

No agreement or consent between parties or attorneys in respect to the proceedings in a cause, the purport of which is disputed, will be regarded by the court unless the same shall have been made and assented to in open court on the record, or entered in the minutes, or unless the evidence thereof shall be in writing ...

Oral argument on civil motions, including family law motions, may be heard by conference telephone call in the discretion of the court. The expense of the call shall be shared equally by the parties unless the court directs otherwise in the ruling or decision on the motion.

(a) Entry of Default. When a party against whom a judgment for affirmative relief is sought has failed to appear, plead, or otherwise defend as provided by these rules and that fact is made to appear by motion and affidavit, a motion for default may be made.

Under the mailbox rule, an offer is considered accepted the moment the offeree mails their letter, rather than when the offeror receives the letter in the mail.

If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied.

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.

An ex parte action is a judicial action on the behalf of one party, without notice to or contestation by any person adversely interested. Such an action may take place on or off the bench, but does not necessarily result in a signed order.

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Washington General Form of Pretrial Order