Puerto Rico Matters that Should be Included in Pretrial Conference Order or Pretrial Order

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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.

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FAQ

One of the primary goals of the pretrial conference is to resolve as many issues as possible before a trial. That is usually done through pretrial motions. A motion is a type of request for a judge to do something.

Local Court Rules. United States district courts and courts of appeals often prescribe local rules governing practice and procedure. Such rules must be consistent with both Acts of Congress and the Federal Rules of Practice and Procedure, and may only be prescribed after notice and an opportunity for public comment.

DEPOSITIONS UPON WRITTEN. QUESTIONS. (a) Use of Written Questions: A party may make an application to the Court to take a deposition, otherwise au- thorized under Rule 81, 82, or 83, upon written questions rather than oral examination.

Rule 83, which has not been amended since the Federal Rules were promulgated in 1938, permits each district to adopt local rules not inconsistent with the Federal Rules by a majority of the judges. The only other requirement is that copies be furnished to the Supreme Court.

The lowest level is the Court of First Instance (Tribunal de Primera Instancia), which includes both municipal and district courts. The intermediate appellate court is the Circuit Court of Appeal (Tribunal de Apelaciones). The Supreme Court (Tribunal Supremo) is the highest court in Puerto Rico.

See Local Rule 83.9(b) (?All litigants proceeding pro se shall be bound by and comply with all local rules of this Court, and the Federal Rules of Civil and Criminal Procedure, unless otherwise excused from operation of the rules by court order.?); Loren v. Sasser, 309 F. 3d 1296, 1304 (11th Cir.

The purpose of Rule 16, in layman's terms, establishes the powers and responsibilities of the court, as it relates to discovery. Rule 16 first lays out the reasons for a Pretrial Conference. The rationale for this conference is directly in line with the other FRCP Amendment goals.

Local rules refer to a particular set of rules for each court governing matters not determined by the Federal Rules of Procedure. Local rules reflect the courts' traditional authority to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.

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Puerto Rico Matters that Should be Included in Pretrial Conference Order or Pretrial Order