Idea Transcript
IN RE: RULES FOR DISTRICT COURTS OF OKLAHOMA IN RE: RULES FOR DISTRICT COURTS OF OKLAHOMA 2000 OK 99 72 OBJ 543 Case Number: SCBD-4553 Decided: 12/08/2000 Modified: 01/31/2001 ORDER ¶0 Upon consideration of the Application of the Board of Governors of the Oklahoma Bar Association for approval of the revision to the Pre-Trial Conference Order form, the Scheduling Order Form, and Rule 5 of the Rules for District Courts of Oklahoma, THE COURT FINDS: That the revision to Rule 5 of the Rules for District Courts of Oklahoma, the revisions to the Pre-Trial Conference Order form, and the revision tot he Scheduling Order form, are hereby approved ¶1 IT IS SO ORDERED. ¶2 DONE IN CONFERENCE THIS 7th DAY OF DECEMBER, 2000. ¶3 HARDY SUMMERS, Chief Justice of the Supreme Court ¶4 ALL JUSTICES CONCUR AMENDMENT TO RULES FOR DISTRICT COURTS OF OKLAHOMA RULE 5. PRETRIAL PROCEEDINGS * * * * I. Pretrial Orders. 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 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. The order shall be presented to the District Court for signature. 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. Proposed pretrial order shall not be filed. * * * * PRE-TRIAL CONFERENCE ORDERS IN THE DISTRICT COURT _____________ COUNTY STATE OF OKLAHOMA ________________________ ) _____________ Plaintiff, ) ) v. ) NO. _______ ) ________________________ ) _____________ Defendant. ) PRE-TRIAL CONFERENCE ORDER 1. Appearances: 2. General Statement of Facts: 3. Plaintiff's Contentions: A. List All Theories of Recovery and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon. B. List Damages or Relief Sought. 4. Defendant's Contentions: List All Theories of Defense and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon. 5. Defendant's Claims for Relief: List Any Claims of Relief Sought (By Cross-Claim, Counterclaim, or Set-Off), and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon. 6. Miscellaneous: A. Is Jury Waived? B. Is Additional Discovery Requested? C. A trial brief (is/is not) required by the Court. Due by: __________. D. Other Matters: 7. Plaintiff's Exhibits: A. List by Number and Description. B. As to Each Numbered Exhibit, State Any Objection and Its Basis. 8. Defendant's Exhibits: A. List by Number and Description. B. As to Each Numbered Exhibit, State Any Objection and Its Basis. 9. Plaintiff's Witnesses: List Names, Addresses, and Substance of Testimony. 10. Defendant's Witnesses: List Names, Addresses, and Substance of Testimony. 11. Requested Jury Instructions Due By: _________ 12. Estimated Trial Time: 13. Stipulations: 14. Settlement: Has the Possibility of Settlement Been Explored? 15. TRIAL DATE SET FOR: ______ _.m., ________, 20__. Dated: __________________________________ Judge of the District Court Approved: ______________________ ______________________ Attorney for Plaintiff ______________________ ______________________ Attorney for Defendant ______________________ ______________________ Attorney for _________ SCHEDULING ORDERS IN THE DISTRICT COURT _____________ COUNTY STATE OF OKLAHOMA ________________________ ) _____________ Plaintiff, ) ) v. ) NO. _______ ) ________________________ ) _____________ Defendant. ) SCHEDULING ORDER IT IS ORDERED that the following must be completed within the time fixed: 1. ADDITIONAL PARTIES to be joined and AMENDED PLEADINGS to be filed by: _______________. 2. Parties shall exchange PRELIMINARY LISTS OF WITNESSES AND EXHIBITS by: _______________. 3. DISCOVERY must be completed by: _______________. 4. DISPOSITIVE MOTIONS will not be considered if filed after: _______________. 5. SETTLEMENT CONFERENCE OR MEDIATION DATE & TIME : _______________. 6. PRE-TRIAL CONFERENCE DATE & TIME: _______________. 7. TRIAL DATE: _______________. 8. ESTIMATED TIME FOR TRIAL: _______________. 9. REQUESTED JURY INSTRUCTIONS must be filed by: _______________. 10. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (Non-Jury) must be filed by: _______________. 11. TRIAL BRIEF must be filed by: _______________. 12. ADDITIONAL ORDERS: 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 Schedul-ing Order. ______________________ ______________________ Attorney for Plaintiff ______________________ ______________________ Attorney for Defendant ______________________ ______________________