The Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Rule 16 of the Federal Rules of Civil Procedure provides in part as follows:
(a) Purposes of a Pretrial Conference. In any action, the court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as:
(1) expediting 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 settlement.
The Harris Texas General Form of Pretrial Order is a legal document that outlines various important details and instructions pertaining to a pretrial conference, which is an essential step in the litigation process. This document provides a framework for the smooth conduct of the trial and ensures that all parties involved are aware of their obligations and responsibilities. The Harris Texas General Form of Pretrial Order typically includes the following key information: 1. Case Information: This section includes the full case caption, court jurisdiction, case number, names of the plaintiff(s) and defendant(s), and their respective attorneys. 2. Overview of the Case: Here, a concise summary of the dispute or legal matter at hand is provided. This summary helps set the context for the entire pretrial conference. 3. Discovery Issues: This section deals with matters related to the exchange of information and evidence between the parties. It may address topics such as the completion of discovery, production of documents, expert witness disclosure, and the possibility of alternative dispute resolution methods. 4. Motions and Legal Issues: Any pending motions or legal issues that need to be resolved before or during the trial are identified in this section. This may include motions to dismiss, motions for summary judgment, or other pretrial motions. 5. Witnesses: This portion lists the names of witnesses that each party intends to call during the trial. It may also outline any restrictions on witness testimony or provide a deadline for the exchange of witness lists. 6. Exhibits: Parties are typically required to provide a list of exhibits they intend to introduce during the trial. This section may specify the format in which exhibits should be presented (e.g., electronic, paper) and may also address objections to certain exhibits. 7. Trial Schedule: The Harris Texas General Form of Pretrial Order may establish a timeline for various trial-related activities, such as pretrial conferences, motions hearings, depositions, and the trial itself. It helps ensure that the trial proceeds efficiently and within a reasonable timeframe. 8. Settlement Discussions: Parties are often encouraged to engage in settlement discussions before proceeding to trial. This section may require the parties to submit a settlement demand or participate in alternative dispute resolution methods like mediation. It is important to note that specific courts or judges may have their own customized versions of the Harris Texas General Form of Pretrial Order, adapting it to their particular preferences or local rules. Hence, there may be different variations of the pretrial order, each tailored to the unique requirements of the case or court. However, the general purpose of the document remains consistent — to provide a comprehensive framework for trial preparation and ensure a fair and organized trial process.
