§ 14-13. Pretrial--Pretrial Procedure

§ 14-13. Pretrial--Pretrial Procedure

 

The chief court administrator or the presiding judge with the consent of the chief court administrator may designate one or more available judges or judge trial referees to hold pretrial sessions. Parties and their attorneys shall attend the pretrial session; provided, that when a party against whom a claim is made is insured, an insurance adjuster for such insurance company shall be available by telephone at the time of such pretrial session unless the judge or judge referee, in his or her discretion, requires the attendance of the adjuster at the pretrial. If any person fails to attend or to be available by telephone pursuant to this rule, the judicial authority may make such order as the ends of justice require, which may include the entry of a nonsuit or default against the party failing to comply and an award to the complying party of reasonable attorney's fees. Each party claiming damages or seeking relief of any kind, or such party's attorney, shall obtain from the court clerk a pretrial memo form, shall complete the form before the pretrial session and shall, at the commencement of the pretrial session, distribute copies of the completed form to the judge and to each other party. Such pretrial memoranda shall not be placed in the court file unless otherwise ordered by the judicial authority who conducted the pretrial.

 

The following matters shall be considered at the pretrial session:

 

(1)A discussion of the possibility of settlement.

 

(2)Simplification of the issues.

 

(3)Amendments to pleadings.

 

(4)Admissions of fact, including stipulations of the parties concerning any material matter and admissibility of evidence, particularly photographs, maps, drawings and documents, in order to minimize the time required for trial.

 

(5)The limitation of number of expert witnesses.

 

(6)Inspection of hospital records and x-ray films.

 

(7)Exchange of all medical reports, bills and evidences of special damage which have come into possession of the parties or of counsel since compliance with previous motions for disclosure and production for inspection.

 

(8)Scheduling of a trial management conference and issuance of a trial management order by the judicial authority with reference thereto.

 

(9)Consideration of alternative dispute resolution options to trial.

 

(10)Such other procedures as may aid in the disposition of the case, including the exchange of medical reports, and the like, which come into possession of counsel subsequent to the pretrial session.