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Rule 36. Pretrial Conference Procedure

Oklahoma Statutes AnnotatedLocal District Court RulesEffective: January 17, 2022

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the First Judicial District [Cimarron, Texas, Beaver, & Harper Counties]
Effective: January 17, 2022
OK First Jud. Dist. Ct. Rule 36
Rule 36. Pretrial Conference Procedure
Currentness
The plaintiff should take the initiative in preparation of pretrial order for submission to the Court, and the parties should work diligently to have a proposed jointly completed pretrial conference order prepared for the presiding Judge at a pretrial conference. The Plaintiff should prepare an initial draft, and submit the draft to Defendants for completion. Counsel should make every effort to have a finalized joint order prior to the pretrial conference date.
Proper preparation for the pretrial conference will require nearly as much work as preparation for the trial on the merits, and a satisfactory conference will materially reduce the time, effort and expense of trial. Most lawsuits turn on but a few material points, and it should be the purpose of the attorneys to firmly advise the Court as to factual and legal issues. It is the purpose of the Judge at the pretrial conference to reduce the issues to those few points in bona fide dispute.
In furtherance of the Order of the Supreme Court, the following rules are adopted:
(a) No contested civil action shall be tried on its merits until a pretrial conference has been held.
(b) The pretrial conference shall be held and conducted in the matter as set forth in Rule 5, Rules of the District Courts, 12 O.S., Ch. 2, App.
(c) The fact of the holding of such conference or of the granting of an exception to the rule, shall be set forth in a Pretrial Order and approved by counsel and signed by the Judge, and be filed in the case.
(d) Proceedings had in such conference will be evidenced by Pretrial Order as stated in (c) above.
(e) The Judge may make such exceptions to these rules, in a proper case before him, as the necessities of the situation may require.
(f) Witnesses shall not attend pretrial conferences, although a party may do so.
(g) Each party must have prepared a written statement of the fact issues which such party will direct evidence toward; a written statement of legal issues upon which the party intends to proceeds; and a set of written instructions upon which such party expects to submit the case. Fact or legal issues not so presented will be considered waived or abandoned.
(h) Each party must be prepared to submit to opposing counsel and the Court a list of witnesses with a short but descriptive resume of their testimony. Witnesses will be limited at trial to those listed and to the substance of such resumes. Each party must submit to opposing counsel and the Court a list of exhibits which said party intends to introduce. Each exhibit shall have been previously produced to opposing counsel. Both parties should list preliminary objections to witnesses and exhibits as proposed in the form pretrial order contained in the Oklahoma Rules for District Courts. Demonstrative aids that are not to be admitted into evidence are not exhibits.
Failure to appear at Pretrial Conference and in the posture to complete all segments of the pretrial order will be just cause to impose sanctions, including but not limited to dismissal, judgment and assessment of costs and attorney fees.
The attorney or attorneys who will be trying the case shall appear at the pretrial conference. The presiding Judge may allow another or additional attorneys to participate in the trial for good cause shown, and in said Judge's discretion. Leave of Court for said substitution or addition must be made as soon as possible, and would likely be denied the morning of the trial.

Credits

Amended effective January 17, 2022.
Oklahoma First Judicial District Court Rule 36, OK R 1 DIST CT Rule 36
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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