Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by directive of the judge in the individual case, particularly in the absence of a preconference meeting. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the pretrial judge. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.
In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the 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 the settlement of the case.
Oregon Pretrial Conference Order, also known as the Pretrial Order, is a crucial document in legal proceedings that outlines the matters to be discussed, decided, and managed during the pretrial phase of a case. It serves as a roadmap for the upcoming trial, ensuring that both parties are prepared and that the litigation process proceeds smoothly. Here, we will delve into the key elements and topics that should be included in an Oregon Pretrial Conference Order or Pretrial Order. 1. Case Information: The Pretrial Conference Order should start by providing essential case details, including the names of the parties involved, their attorneys, and contact information. It should also mention the case number, court information, and the presiding judge's name. 2. Brief Summary of the Case: This section should offer a concise overview of the case, highlighting the main issues and claims made by each party. This summary sets the stage for the subsequent discussions and helps both parties focus on the core matters at hand. 3. Discovery Deadlines: Discovery refers to the process of obtaining evidence from the opposing party. The Pretrial Conference Order must establish firm deadlines for completing various stages of discovery, including the exchange of documents, responses to interrogatories, depositions, and expert witness disclosures. These deadlines ensure that both parties have sufficient time to gather evidence and avoid unnecessary delays. 4. Expert Witness Information: If expert witnesses are expected to be called during the trial, the Pretrial Conference Order should specify the deadlines for identifying these witnesses, providing a brief overview of their expertise and the subjects on which they will testify. This ensures that both parties have adequate time to review and prepare for any expert testimony. 5. Motions and Legal Issues: This section should address any pending motions or anticipated legal issues that may arise. It is important to list the motions, with a brief description, that have already been filed and set deadlines for the filing of any additional motions. The discussion may include matters related to summary judgment, evidence suppression, or any other significant legal issues that need resolution before the trial. 6. Trial Schedule: The Pretrial Conference Order should establish a precise timeline for the trial, including the date and time it will commence, as well as an estimate of the trial's expected duration. This schedule allows all parties involved, including witnesses and experts, to plan accordingly. 7. Pretrial Briefs and Jury Instructions: If either party is required to submit pretrial briefs or proposed jury instructions, the Pretrial Conference Order should state the deadlines and requirements for these submissions. This ensures that all legal arguments and instructions are thoroughly considered before the trial begins. 8. Settlement Discussions and Mediation: Including a provision regarding settlement discussions and the possibility of mediation is essential. The Pretrial Conference Order should encourage both parties to engage in settlement negotiations and, if necessary, provide information about local mediation programs and deadlines associated with alternative dispute resolution. It's worth noting that the specific content and structure of an Oregon Pretrial Conference Order may vary depending on the court and the nature of the case. Therefore, it is recommended to familiarize oneself with the local court rules and guidelines to ensure compliance and accuracy.
