ORDER AMENDING RULE 5 OF THE RULES FOR DISTRICT COURTS

ORDER AMENDING RULE 5 OF THE RULES FOR DISTRICT COURTS
2010 OK 8
Case Number: SCBD-4553
Decided: 02/09/2010

NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

ORDER AMENDING RULE 5 OF THE

RULES FOR DISTRICT COURTS OF OKLAHOMA

This matter comes on before this Court upon an Application to amend Rule 5 of the Rules for District Courts of Oklahoma.  This Court finds that it has jurisdiction over this matter, and that an Order should enter as follows:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Application of John Morris Williams, custodian of the records of the Oklahoma Bar Association House of Delegates, for an Order amending Rule 5 of the Rules for District Courts of Oklahoma is hereby granted, and that said Rules are hereby amended as set out in the attached Exhibit "A". 

IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that publication of this amendment to Rule 5 of the Rules for District Courts of Oklahoma shall appear three times in the Oklahoma Bar Journal within 60 days of the execution of this Order.

DONE BY ORDER OF THE SUPREME COURT this 4th day of February, 2010.

 

 

/S/JAMES E. EDMONDSON

CHIEF JUSTICE

 

 

ALL JUSTICES CONCUR.

EXHIBIT "A"

 RULES FOR DISTRICT COURTS OF OKLAHOMA PROPOSED CHANGES FOR CONSIDERATION BY THE OKLAHOMA SUPREME COURT FOLLOWING ADOPTION BY THE OKLAHOMA BAR ASSOCIATION HOUSE OF DELEGATES

Rules 1 through 4 - No changes. 

Rules 1 through 4 - No changes. 

 

 

Rule 5. Pretrial proceedings

A. Docket. A pretrial conference shall be held in all civil actions except:

1.   where the defendant is in default; or,

2.   where the defendant has waived his right to appear or plead; or,

3.   in an action for the recovery of money or personal property where the amount or value in controversy is less than $5000.00; or,

4.   in actions for forcible entry and detainer where a jury has been waived,

5.   actions under the small claims procedure.

The judge is not required to hold pretrial conference in cases where jury has been waived but he may do so. A judge may hold more than one pretrial conference in any case, or he may excuse a case from the pretrial docket.

B. Notice. At least twenty (20) days' notice of the setting of a case for an initial pretrial conference shall be given to the parties and to the attorneys of record by the court clerk.

C. Scheduling. As soon as any civil case is at issue, the Court may schedule any conference it deems appropriate and enter a scheduling order which establishes, insofar as feasible, the time:

1.   to join other parties and to amend the pleadings; and,

 

2.   to file and hear motions; and,

3.   to complete discovery; and,

4.   to have a medical examination of a party; and,

5.   for conferences before trial, a pretrial conference, and trial; and,

6.   to file proposed findings of fact and conclusions of law (non-jury); and,

7.   for accomplishing any other matters appropriate in the circumstances of the case.

The scheduling order shall issue as soon as feasible after the case is at issue. A schedule shall not be modified except upon written application by counsel and by leave of the judge assigned to the case upon a showing of good cause.

D. Judge Presiding. Unless waived by the parties, the pretrial conference shall be conducted by the judge who will try the case. Unless waived by the parties, the judge shall take an active part in the conference and shall conduct it in an informal manner in chambers whenever possible.

E. Scheduling and Pretrial Conferences; Objectives. The scheduling and conduct of the conferences and the scheduling of matters to be accomplished should be designed to:

1.   expedite the disposition of the action;

2.   establish early and continuing control so that the case will not be protracted because of lack of management;

3.   discourage wasteful pretrial activities;

4.   improve the quality of the trial through more thorough preparation; and,

5.   facilitate the settlement of the case.

F.   General Guidelines for Conducting Pretrial Conference. The following guidelines should be followed by counsel and District Court in preparing and conducting a complete and adequate pretrial conference:

1.   Attorneys shall confer prior to the pretrial conference and prepare a single suggested pretrial order for use during the pretrial conference;

2.   Whenever feasible, all amendments to pleadings and stipulations should be filed in the case before the pretrial conference;

3.   Stipulate in writing to as many facts and issues as possible;

4.   List in writing the facts and law that are disputed;

5.   Discuss the possibility of settlement;

6.   Attorneys for the parties should be prepared to advise the trial judge at the pretrial conference as to whether a settlement judge is requested.

G. Subjects to be Discussed at Scheduling and Pretrial Conferences. In accordance with the objectives of a scheduling or pretrial conference, the participants under this rule should be prepared to address, or have taken action to:

1.   the formulation and simplification of the issues, including the elimination of frivolous claims or defenses;

2.   the necessity or desirability of amendments to the pleadings;

3.   the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof, stipulations regarding authenticity of documents, and advance rulings from the Court on the admissibility of evidence;

4.   the avoidance of unnecessary proof and of cumulative evidence;

5.   the need for orders controlling or scheduling discovery, including orders affecting disclosures and discovery under Section 3226 of Title 12 and Sections 3229 through 3237 of Title 12;

6.   the need for adopting any special procedures or protocols addressing the discovery of electronically-stored information;

7.   the need for including in a scheduling order or other pretrial order any agreements that the parties have reached for asserting claims of privilege or of work-product protection after such information has been produced;

8.   the need for orders addressing the preservation of potentially discoverable information;

5. 9.     the identification of witnesses and documents, the need and schedule for filing and exchanging pretrial briefs, and the date or dates for further conferences and for trial;

6. 10. the possibility of settlement or the use of extrajudicial procedures to resolve the dispute;

7. 11. the form and substance of the pretrial order;

8. 12. the disposition of pending motions;

9. 13. the need for adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems; and,

10. 14.  such other matters as may aid in the disposition of the action .

H.  Final Pretrial Conference. Any final pretrial conference shall be held as close to the time of trial as is reasonable under the circumstances. The participants at any such conference shall formulate a plan that will streamline the trial, including a program for facilitating the admission of evidence. The conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties, unless a substitute attorney is authorized by the Court, and by any unrepresented parties.

 

 

I.    Pretrial Orders. After any conference held pursuant to this rule, an order shall be entered reciting the action taken. This order shall control subsequent course of the action unless modified by a subsequent order. The order following a final pretrial conference shall be modified only to prevent manifest injustice. The form adopted by the Oklahoma Supreme Court for pretrial conference orders shall be used by the District Court. If the judge deviates from the form, he or she shall in writing show to the Supreme Court the reasons for such deviation.

 

 

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 evidence to be presented. The order shall also present all 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.

 

 

J.   Default. Failure to prepare and file a scheduling order or pretrial order, failure to appear at a conference, appearance at a conference substantially unprepared, or failure to participate in good faith may result in any of the following sanctions:

 

 

1.   the striking of the pleading;

 

 

2.   a preclusion order;

 

 

3.   staying the proceeding;

 

 

4.   default judgment;

 

 

5.   assessment of expenses and fees (either against a party or the attorney individually);

 

 

6.   or such other order as the Court may deem just and appropriate.

 

 

K.  After Pretrial. After pretrial, if additional exhibits or writings are discovered, the party intending to use them shall immediately mark them for identification and furnish copies to opposing counsel. These shall be deemed admitted unless written objection is served and filed within ten (10) days of receipt, stating the specified grounds for objection. If additional witnesses are discovered, opposing counsel shall be notified immediately in writing and furnished their names, addresses and the nature of the testimony. Copies of the additional documents, exhibits, writings, or list of witnesses shall also be mailed to the Clerk of the Court to be filed in the case. No exhibit or witness may be added to the final pretrial order once the same has been prepared and signed and filed by the Court without a showing to the Court that manifest injustice would be created if the party requesting the addition of such evidence or testimony was not permitted to add such final pretrial order.

 

 

L.   Settlement Conferences. The Court, may upon its own motion or at the request of any of the parties, order a settlement conference at a time and place to be fixed by the Court. A judge other than the trial judge will normally preside at such settlement conference. At least one attorney for each of the parties who is fully familiar with the case and who has complete authority to settle the case shall appear for each party. If no attorney has complete settlement authority, the party or person with full settlement authority shall also attend the settlement conference. The settlement conference judge may allow the party having full settlement authority to be telephonically available, if justifiable cause is shown why attendance in person would constitute a hardship. The parties, their representatives and attorneys are required to be completely candid with the settlement conference judge so that he may properly guide settlement discussions, and the failure to attend a settlement conference or the refusal to cooperate fully within the spirit of this Rule may result in the imposition of any of the sanctions mentioned in Paragraph J of this Rule. The judge presiding over the settlement conference may make such other and additional requirements of the parties as to him shall seem proper in order to expedite an amicable resolution of the case. The settlement judge will not discuss the substance of the conference with anyone, including the judge to whom the case is assigned.

 
 

SCHEDULING ORDER

 

 

IN THE DISTRICT COURT, _____________ JUDICIAL

DISTRICT, __________________ COUNTY

DISTRICT, __________________ COUNTY

STATE OF OKLAHOMA

STATE OF OKLAHOMA

 

 

_____________________________

 

 

_____________________________      Plaintiff,

 

 

v.

 

 

_____________________________

 

 

_____________________________      Defendant.

)

)

)

)     No. _________

)

)

)

)

)

 

 

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:

 

 

MEDICAL EXAMINATION of __________________ shall be completed no later than _________________.

 

 

THE MEDICAL EXAMINER shall submit the report to counsel requesting the examination, who shall submit a complete copy to all counsel, no later than ________________.

 

 

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 Scheduling Order.

 

 

______________________

 

 

______________________

 

 

Attorney for Plaintiff

 

 

______________________

 

 

______________________

 

 

Attorney for Defendant

 

 

______________________

 

 

______________________

 

 

Attorney for _________

 

 

 

 

 

 

PRE-TRIAL CONFERENCE ORDER

 

 

IN THE DISTRICT COURT, _____________ JUDICIAL

DISTRICT, __________________ COUNTY

DISTRICT, __________________ COUNTY

STATE OF OKLAHOMA

STATE OF OKLAHOMA

 

_____________________________

 

 

_____________________________      Plaintiff,

 

 

v.

 

 

_____________________________

 

 

_____________________________      Defendant.

)

)

)

)     No. ___________________

)

)

)

)

)

 

 

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 _________

 

 

Rules 6 through 30 B No changes.