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December 2010 CIVIL PROCEDURE Ch 1, p.39
authority to enter into stipulations and to make admissions regarding all matters that the participants
may reasonably anticipate may be discussed.
1.602(4) Final pretrial conference. A final pretrial conference shall be held as close to the time of
trial as reasonable under the circumstances. The participants at any such conference shall formulate
a plan for 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 and by
any unrepresented parties.
1.602(5) Sanctions. If a party or party’s attorney fails to obey a scheduling or pretrial order, or
if no appearance is made on behalf of a party at a scheduling or pretrial conference, or if a party or
party’s attorney is substantially unprepared to participate in the conference, or if a party or party’s
attorney fails to participate in good faith, the court, upon motion or the court’s own initiative, may
make such orders with regard thereto as are just, and among others any of the orders provided in rule
1.517(2)(b)(2) - (4). In lieu of or in addition to any other sanction, the court shall require the party or
the attorney representing that party or both to pay the reasonable expenses incurred because of any
noncompliance with this rule, including attorney’s fees, unless the court finds that the noncompliance
was substantially justified or that other circumstances make an award of expenses unjust.
[Report 1943; amendment 1961; amendment 1979; amendment 1982; amendment 1983; Report June 16,
1987, effective September 1, 1987; October 31, 1997, effective January 24, 1998; November 9, 2001,
effective February 15, 2002; February 14, 2008, effective May 1, 2008]
Rule 1.603 Pretrial conference; record. On the request of any interested counsel or the court, the
reporter must record the entire conference, or any designated part thereof.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.604 Pretrial orders. After any conference held pursuant to rule 1.602, an order shall be
entered reciting the action taken. This order shall control the subsequent course of the action unless
modified by a subsequent order. The order following a final pretrial conference shall be in accordance
with the final pretrial order form found in rule 1.1901, form 6, and shall be modified only to prevent
manifest injustice.
[Report 1943; amendment 1957; Report May 28, 1987, effective August 3, 1987; November 9, 2001, effective
February 15, 2002]
Rules 1.605 to 1.700 Reserved.
DIVISION VII
DEPOSITIONS AND PERPETUATING TESTIMONY
A. DEPOSITIONS
Rule 1.701 Depositions upon oral examination.
1.701(1) When depositions may be taken. After commencement of the action, any party may take
the testimony of any person, including a party, by deposition upon oral examination. Leave of court,
granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior
to the expiration of ten days after the date for motion or answer for any defendant, except that leave
is not required under any of the following circumstances:
a. If a defendant has served a notice of taking deposition or otherwise sought discovery.
b. If special notice is given as provided in rule 1.701(2)(b).
The attendance of witnesses may be compelled by subpoena as provided in rule 1.715. The
deposition of a person confined in prison may be taken only by leave of court on such terms as the
court prescribes.
1.701(2) Special notice for taking of deposition by plaintiff. Leave of court is not required for the
taking of a deposition by plaintiff if the notice, in addition to those things required by rule 1.707(1),
does the following:
a. States that the person to be examined is about to go out of the state and will be unavailable for
examination unless the person’s deposition is taken before the expiration of ten days after the date for
motion or answer for any defendant.
b. Sets forth facts to support the statement. The plaintiff’s attorney shall sign the notice, and
the attorney’s signature constitutes a certification by the attorney that to the best of the attorney’s
knowledge, information, and belief the statement and supporting facts are true.