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.
West Virginia Matters that Should be Included in Pretrial Conference Order or Pretrial Order: 1. Case Information: The pretrial order should include the parties' names, case number, and relevant court jurisdiction. 2. Statement of the Issues: It is essential to include a summary of the legal and factual issues involved in the case. This sets the foundation for the pretrial conference and trial. 3. Discovery: Specify which discovery requests have been made, including document production, interrogatories, depositions, and any pending motions to compel or protect discovery. 4. Witness and Exhibit Lists: Parties should submit a list of witnesses they intend to call during the trial, along with a brief summary of their expected testimony. Similarly, a comprehensive exhibit list must be provided, indicating the exhibit's nature, relevance, and identification number. 5. Pretrial Motions: Detail any pretrial motions that have been filed, such as motions for summary judgment, motions to suppress evidence, or any pending motions that could impact the trial. 6. Legal Authorities: Include a list of relevant statutes, regulations, case law precedents, or legal doctrines that parties intend to rely upon during the trial. 7. Stipulations: Parties should identify areas of common agreement or undisputed facts, allowing the court to focus on the genuinely contested issues during the trial. 8. Expert Witnesses: If either party plans to present expert testimony, provide a list of the experts, their qualifications, and a brief summary of their anticipated opinions and methodologies. 9. Trial Schedule: Establish a specific schedule for the trial, including the dates, times, and length of proceedings, as well as allocation of time for opening statements, direct and cross-examinations, and closing arguments. 10. Settlement Discussion: Parties may be required to document any settlement discussions that have taken place or if mediation or alternative dispute resolution methods have been attempted. 11. Trial Procedures: Outline the procedural rules and guidelines to be followed during the trial, including instructions on the order of examination, objections, motions in liming, and handling exhibits. 12. Jury Instructions: For cases involving juries, parties should include proposed jury instructions to be considered by the court. 13. Other Case-Specific Matters: Depending on the nature of the case, additional matters may need to be addressed, such as protective orders, expert witness disclosure deadlines, stipulations regarding admissibility of evidence, or proposed orders regarding jury selection. It is important to note that the specific matters to be included in a pretrial conference order or pretrial order in West Virginia may vary depending on the court's local rules and the judge's preferences.West Virginia Matters that Should be Included in Pretrial Conference Order or Pretrial Order: 1. Case Information: The pretrial order should include the parties' names, case number, and relevant court jurisdiction. 2. Statement of the Issues: It is essential to include a summary of the legal and factual issues involved in the case. This sets the foundation for the pretrial conference and trial. 3. Discovery: Specify which discovery requests have been made, including document production, interrogatories, depositions, and any pending motions to compel or protect discovery. 4. Witness and Exhibit Lists: Parties should submit a list of witnesses they intend to call during the trial, along with a brief summary of their expected testimony. Similarly, a comprehensive exhibit list must be provided, indicating the exhibit's nature, relevance, and identification number. 5. Pretrial Motions: Detail any pretrial motions that have been filed, such as motions for summary judgment, motions to suppress evidence, or any pending motions that could impact the trial. 6. Legal Authorities: Include a list of relevant statutes, regulations, case law precedents, or legal doctrines that parties intend to rely upon during the trial. 7. Stipulations: Parties should identify areas of common agreement or undisputed facts, allowing the court to focus on the genuinely contested issues during the trial. 8. Expert Witnesses: If either party plans to present expert testimony, provide a list of the experts, their qualifications, and a brief summary of their anticipated opinions and methodologies. 9. Trial Schedule: Establish a specific schedule for the trial, including the dates, times, and length of proceedings, as well as allocation of time for opening statements, direct and cross-examinations, and closing arguments. 10. Settlement Discussion: Parties may be required to document any settlement discussions that have taken place or if mediation or alternative dispute resolution methods have been attempted. 11. Trial Procedures: Outline the procedural rules and guidelines to be followed during the trial, including instructions on the order of examination, objections, motions in liming, and handling exhibits. 12. Jury Instructions: For cases involving juries, parties should include proposed jury instructions to be considered by the court. 13. Other Case-Specific Matters: Depending on the nature of the case, additional matters may need to be addressed, such as protective orders, expert witness disclosure deadlines, stipulations regarding admissibility of evidence, or proposed orders regarding jury selection. It is important to note that the specific matters to be included in a pretrial conference order or pretrial order in West Virginia may vary depending on the court's local rules and the judge's preferences.
