Circuit Court Probate Division Rules Table of Contents
The Court shall schedule a structuring conference for each
contested case entered on the docket. The structuring conference shall occur
between sixty (60) and one hundred twenty (120) days after the Return Day or at
such other time as the Court may order.
The Pro Se Party or Attorney shall attend the structuring
conference and shall be prepared and authorized to discuss the issues and set
schedules for discovery and other case preparation, including additional
conferences with the Court, Alternative Dispute Resolution, settlement or trial.
Ten (10) days prior to the structuring conference all Pro Se
Parties or Attorneys shall file summary statements necessary to support their
respective claims, defenses or counterclaims. This summary statement shall be
comprehensive and made in good faith, but shall not be admissible at trial. The
purpose of this summary statement is to apprise the court of the nature of the
claims, defenses, and legal issues likely to arise.
At or immediately after the structuring conference, the Court
shall issue a structuring conference order which may include discovery deadlines
and dates for an additional conference with the Court, filing of pretrial
statements, filing of Motions, filing of requests for findings of fact, rulings
of law and memoranda of law, trial management conference, and trial.
If a pretrial statement is ordered it shall include, by
numbered paragraphs, a detailed, comprehensive, and good faith statement,
setting forth, if applicable:
1. Uncontested issues of fact.
2. Contested issues of fact.
3. Applicable law.
4. Disputed issues of law.
5. Specific claims, objections or
position of the contestant.
6. Specific defenses.
7. A list of all exhibits to be
offered in the case of each Party. The Pro Se Parties or Attorneys shall bring
all exhibits or exact copies to the pretrial conference.
8. A list of all depositions to be
read into evidence.
9. A waiver of claims, denials or
objections.
10. A list of the names and addresses
of all witnesses who may be called.
11. Whether there will be a request
for a view and, if so, who shall pay the cost in the first instance.
12. The names and addresses of the
trial Attorneys.
Except for good cause shown, only witnesses listed in the
pretrial statement will be allowed to testify and only exhibits, so listed, will
be received in evidence.
In every case scheduled for trial, the Court may schedule
such pretrial conferences as it deems necessary, at which counsel shall have
their clients present or available for contact by telephone and shall be
prepared to discuss and effectuate settlement and, if necessary, conduct of the
trial.
Failure to comply with this Rule shall constitute grounds for
sanctions, in the discretion of the Court.