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.
Title: Wisconsin Matters Included in Pretrial Conference Order or Pretrial Order Introduction: In Wisconsin, a Pretrial Conference Order or Pretrial Order is a crucial document that governs the proceedings and sets the stage for the subsequent trial. This descriptive article will outline the important matters that should be included in a Wisconsin Pretrial Conference Order/Pretrial Order. By examining these key elements, legal professionals and litigants can ensure a successful and organized pretrial phase. 1. Case Information: State the court name, case number, presiding judge, and the names of all parties involved in the lawsuit. This information identifies the specific case and ensures clarity. 2. Statement of Issues: Outline the key issues and claims that will be addressed during the trial. These issues should reflect the contentions raised by both parties and provide a clear focus for the trial. 3. Discovery Plan: Detail the agreed-upon or court-ordered discovery process. This should include deadlines for submitting requests for documents, interrogatories, depositions, and any other relevant information exchange. 4. Expert Witness Information: Specify the expert witnesses who will be called upon to offer their professional opinions during trial. Include their qualifications, areas of expertise, and the dates by which their reports should be submitted to opposing counsel. 5. Exhibit List: Present a comprehensive list of the exhibits that will be introduced as evidence during the trial. Each exhibit should be numbered and described briefly to avoid confusion. 6. Witness List: Outline the witnesses who will testify during the trial. Include their names, addresses, phone numbers, and a brief statement regarding the subjects of their testimony. 7. Proposed Jury Instructions: It is recommended to include any proposed jury instructions, making the court aware of the specific instructions requested by the parties involved. 8. Stipulations: Include any agreements reached between the involved parties that may expedite the trial process. This may include admissions of fact, uncontested legal points, or other matters for which there is no disagreement. 9. Motions in Liming: Specify any motions in liming or pretrial motions that the court should address before the trial begins. This allows for the elimination of prejudicial or irrelevant evidence and streamlines the proceedings. 10. Settlement Considerations: Include a section discussing any potential opportunities for settlement discussions or mediation. This indicates the willingness of the parties to explore alternative dispute resolution methods before proceeding to trial. Conclusion: Wisconsin's Pretrial Conference Order or Pretrial Order plays a pivotal role in ensuring an organized and efficient trial process. By including these crucial matters, legal professionals can effectively manage the pretrial phase, leading to a smoother trial and better outcomes for all parties involved.