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Ch 1, p.38 CIVIL PROCEDURE December 2010
Rule 1.602 Pretrial conferences; scheduling; management.
1.602(1) Pretrial conferences; objectives. 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:
a. Expediting the disposition of the action.
b. Establishing early and continuing control so that the case will not be protracted because of lack
of management.
c. Discouraging wasteful pretrial activities.
d. Improving the quality of the trial through more thorough preparation.
e. Facilitating the settlement of the case.
1.602(2) Scheduling and planning.
a. Upon application of any party or on the court’s own motion, except in categories of cases
exempted by supreme court rule as inappropriate, the court or its designee shall enter a scheduling
order setting time limits for all of the following:
(1) Joining other parties.
(2) Designating experts.
(3) Completing discovery.
(4) Amending the pleadings.
(5) Filing and hearing motions.
b. After consulting with the attorneys for the parties and any unrepresented parties, the court may
also order any of the following:
(1) Special procedures, including assignment to a single judge, for managing potentially difficult
or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or
unusual proof problems.
(2) Provisions for discovery of electronically stored information.
(3) Any agreements the parties reach for asserting claims of privilege or of protection as
trial-preparation materials after production.
(4) The date or dates for conferences before trial, a final pretrial conference and trial.
(5) Any other matters appropriate in the circumstances of the case including extension of those
deadlines which are then justified.
c. A schedule shall not be modified except by leave of the court upon a showing of good cause.
1.602(3) Subjects to be discussed at pretrial conferences. The court at any conference under this
rule may consider and take action with respect to the following:
a. The formulation and simplification of the issues, including the elimination of frivolous claims
or defenses.
b. The necessity or desirability of amendments to the pleadings.
c. The possibility of obtaining admissions of fact and of documents which will avoid unnecessary
proof, stipulations regarding the authenticity of documents, and advance rulings from the court on
the admissibility of evidence.
d. The avoidance of unnecessary proof including limitation of the number of expert witnesses and
of cumulative evidence.
e. 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.
f. The advisability of referring matters to a master.
g. The possibility of settlement and imposition of a settlement deadline or the use of extrajudicial
procedures to resolve the dispute.
h. The substance of the pretrial order.
i. The disposition of pending motions.
j. Settling any facts of which the court is to be asked to take judicial notice.
k. Specifying all damage claims in detail as of the date of conference.
l. All proposed exhibits and mortality tables and proof thereof.
m. Consolidation, separation for trial, and determination of points of law.
n. Questions relating to voir dire examination of jurors.
o. Filing of advance briefs when required.
p. Such other matters as may aid in the disposition of the action.
At least one of the attorneys for each party participating in any conference before trial shall have