Rule 5. Pretrial Proceedings
Oklahoma Statutes AnnotatedTitle 12. Civil Procedure
T. 12, Ch. 2, App., Rule 5
Rule 5. Pretrial Proceedings
The scheduling order shall issue as soon as feasible after the case is at issue. A schedule shall not be modified except upon written application by counsel and by leave of the judge assigned to the case upon a showing of good cause.
H. Final Pretrial Conference. Any final pretrial conference shall be held as close to the time of trial as is reasonable under the circumstances. The participants at any such conference shall formulate a plan that will streamline the trial, including a program for facilitating the admission of evidence. The conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties, unless a substitute attorney is authorized by the Court, and by any unrepresented parties.
I. Pretrial Orders. After any conference held pursuant to this rule, an order shall be entered reciting the action taken. This order shall control subsequent course of the action unless modified by a subsequent order. The order following a final pretrial conference shall be modified only to prevent manifest injustice. The order shall substantially conform to the form adopted by the Oklahoma Supreme Court. The District Court may modify the form if necessary to include additional claims between the parties or as otherwise necessary to fit the needs of the case.
The pretrial order shall include the results of the conference and advice to the court regarding the factual and legal issues, including details of material evidence to be presented. The order shall also present all questions of law in the case. All exhibits must be marked, listed and identified in the pretrial order. If there is objection to the admission of any exhibits, the grounds for the objection must be specifically stated. Absent proper objection, the listed exhibit is admitted when offered at trial or other proceeding. Attorneys for all parties will approve the order. A proposed pretrial order which is submitted electronically or otherwise may be finalized at the pretrial conference or as directed by the court. The final order shall be presented to the District Court for signature. If the applicable jury fee has not been paid at the time of the pretrial conference as required by 28 O.S. § 152.1(B), then the court may find that the trial will be held without a jury. The contents of the pretrial order shall supersede the pleadings and govern the trial of the case unless departure therefrom is permitted by the Court to prevent manifest injustice.
K. After Pretrial. After pretrial, if additional exhibits or writings are discovered, the party intending to use them shall immediately mark them for identification and furnish copies to opposing counsel. These shall be deemed admitted unless written objection is served and filed within ten (10) days of receipt, stating the specified grounds for objection. If additional witnesses are discovered, opposing counsel shall be notified immediately in writing and furnished their names, addresses and the nature of the testimony. Copies of the additional documents, exhibits, writings, or list of witnesses shall also be mailed to the Clerk of the Court to be filed in the case. No exhibit or witness may be added to the final pretrial order once the same has been prepared and signed and filed by the Court without a showing to the Court that manifest injustice would be created absent such amendment.
L. Settlement Conferences. The Court, may upon its own motion or at the request of any of the parties, order a settlement conference at a time and place to be fixed by the Court. A judge other than the trial judge will normally preside at such settlement conference. At least one attorney for each of the parties who is fully familiar with the case and who has complete authority to settle the case shall appear for each party. If no attorney has complete settlement authority, the party or person with full settlement authority shall also attend the settlement conference. The settlement conference judge may allow the party having full settlement authority to be telephonically available, if justifiable cause is shown why attendance in person would constitute a hardship. The parties, their representatives and attorneys are required to be completely candid with the settlement conference judge so that he may properly guide settlement discussions, and the failure to attend a settlement conference or the refusal to cooperate fully within the spirit of this Rule may result in the imposition of any of the sanctions mentioned in Paragraph J of this Rule. The judge presiding over the settlement conference may make such other and additional requirements of the parties as to him shall seem proper in order to expedite an amicable resolution of the case. The settlement judge will not discuss the substance of the conference with anyone, including the judge to whom the case is assigned.
SCHEDULING ORDER
IN THE DISTRICT COURT, __________ JUDICIAL
DISTRICT, __________ COUNTY
STATE OF OKLAHOMA
) | |||
Plaintiff, | ) | No. __________ | |
v. | ) | ||
) | |||
Defendant. | ) |
SCHEDULING ORDER
IT IS ORDERED that the following must be completed within the time fixed:
MEDICAL EXAMINATION OF __________ shall be completed no later than __________.
THE MEDICAL EXAMINER shall submit the report to counsel requesting the examination, who shall submit a complete copy to all counsel, no later than __________.
No date set by this Order can be changed except for good cause and upon written Order of this Court.
Dated: ____________________
__________
Judge of the District Court
We have presented to the Court our views of time requirements established by this Scheduling Order.
__________
__________
Attorney for Plaintiff
__________
__________
Attorney for Defendant
__________
__________
Attorney for __________
PRE-TRIAL CONFERENCE ORDER
IN THE DISTRICT COURT ____________________ COUNTY
STATE OF OKLAHOMA
) | |||
Plaintiff, | ) | No. __________ | |
v. | ) | ||
) | |||
Defendant. | ) | ||
PRE-TRIAL CONFERENCE ORDER
List All Theories of Defense and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.
List Any Claims of Relief Sought (By Cross-Claim, Counterclaim, or Set-Off), and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.
Due by: __________.
11.
Requested Jury Instructions Due By:
Dated:
Judge of the District Court
Approved:
Attorney for Plaintiff
Attorney for Defendant
Attorney for
Credits
Adopted January 22, 1987, effective January 1, 1987. Amended effective December 7, 2000. Amended February 4, 2010, effective February 9, 2010; July 1, 2013, effective August 1, 2013.
District Courts Rule 5, 12 O. S. A. Ch. 2, App., OK ST DIST CTS Rule 5
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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