IN RE: RULES FOR DISTRICT COURTS OF OKLAHOMA

IN RE: RULES FOR DISTRICT COURTS OF OKLAHOMA
2000 OK 99
72 OBJ 543
Case Number: SCBD-4553
Decided: 12/08/2000
Modified: 01/31/2001

ORDER

¶0 Upon consideration of the Application of the Board of Governors of the Oklahoma Bar Association for approval of the revision to the Pre-Trial Conference Order form, the Scheduling Order Form, and Rule 5 of the Rules for District Courts of Oklahoma, THE COURT FINDS:

That the revision to Rule 5 of the Rules for District Courts of Oklahoma, the revisions to the Pre-Trial Conference Order form, and the revision tot he Scheduling Order form, are hereby approved

¶1 IT IS SO ORDERED.

¶2 DONE IN CONFERENCE THIS 7th DAY OF DECEMBER, 2000.

¶3 HARDY SUMMERS, Chief Justice of the Supreme Court

¶4 ALL JUSTICES CONCUR

AMENDMENT TO RULES FOR DISTRICT COURTS OF OKLAHOMA

RULE 5. PRETRIAL PROCEEDINGS

* * * *

I. Pretrial Orders.

The pretrial order shall include the results of the conference and advice to the court regarding the factual and legal issues, including details of material questions of law in the case. All exhibits must be marked, listed and identified in the pretrial order. If there is objection to the admission of any exhibits, the grounds for the objection must be specifically stated. Absent proper objection, the listed exhibit is admitted when offered at trial or other proceeding. Attorneys for all parties will approve the order. The order shall be presented to the District Court for signature. The contents of the pretrial order shall supersede the pleadings and govern the trial of the case unless departure therefrom is permitted by the Court to prevent manifest injustice. Proposed pretrial order shall not be filed.

* * * *

PRE-TRIAL CONFERENCE ORDERS

IN THE DISTRICT COURT
_____________ COUNTY
STATE OF OKLAHOMA

________________________ )

_____________ Plaintiff, )

)

v. ) NO. _______

)

________________________ )

_____________ Defendant. )

PRE-TRIAL CONFERENCE ORDER

1. Appearances:

2. General Statement of Facts:

3. Plaintiff's Contentions:

A. List All Theories of Recovery and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.

B. List Damages or Relief Sought.

4. Defendant's Contentions:

List All Theories of Defense and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.

5. Defendant's Claims for Relief:

List Any Claims of Relief Sought (By Cross-Claim, Counterclaim, or Set-Off), and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.

6. Miscellaneous:

A. Is Jury Waived?

B. Is Additional Discovery Requested?

C. A trial brief (is/is not) required by the

Court.

Due by: __________.

D. Other Matters:

7. Plaintiff's Exhibits:

A. List by Number and Description.

B. As to Each Numbered Exhibit, State Any Objection and Its Basis.

8. Defendant's Exhibits:

A. List by Number and Description.

B. As to Each Numbered Exhibit, State Any Objection and Its Basis.

9. Plaintiff's Witnesses: List Names, Addresses, and Substance of Testimony.

10. Defendant's Witnesses: List Names, Addresses, and Substance of Testimony.

11. Requested Jury Instructions Due By: _________

12. Estimated Trial Time:

13. Stipulations:

14. Settlement: Has the Possibility of Settlement Been Explored?

15. TRIAL DATE SET FOR: ______ _.m., ________, 20__.

Dated: __________________________________

Judge of the District Court

Approved:

______________________

______________________

Attorney for Plaintiff

______________________

______________________

Attorney for Defendant

______________________

______________________

Attorney for _________

SCHEDULING ORDERS

IN THE DISTRICT COURT

_____________ COUNTY

STATE OF OKLAHOMA

________________________ )

_____________ Plaintiff, )

)

v. ) NO. _______

)

________________________ )

_____________ Defendant. )

SCHEDULING ORDER

IT IS ORDERED that the following must be

completed within the time fixed:

1. ADDITIONAL PARTIES to be joined and

AMENDED PLEADINGS to be filed by:

_______________.

2. Parties shall exchange PRELIMINARY

LISTS OF WITNESSES AND EXHIBITS by:

_______________.

3. DISCOVERY must be completed by:

_______________.

4. DISPOSITIVE MOTIONS will not be considered if filed after: _______________.

5. SETTLEMENT CONFERENCE OR MEDIATION DATE & TIME : _______________.

6. PRE-TRIAL CONFERENCE DATE & TIME: _______________.

7. TRIAL DATE: _______________.

8. ESTIMATED TIME FOR TRIAL: _______________.

9. REQUESTED JURY INSTRUCTIONS must be filed by: _______________.

10. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (Non-Jury) must be filed by: _______________.

11. TRIAL BRIEF must be filed by: _______________.

12. ADDITIONAL ORDERS:

No date set by this Order can be changed except for good cause and upon written Order of this Court.

Dated: ____________

______________________

Judge of the District Court

We have presented to the Court our views of time requirements established by this Schedul-ing

Order.

______________________

______________________

Attorney for Plaintiff

______________________

______________________

Attorney for Defendant

______________________

______________________