Grays Harbor County Superior CourtRULE 16. PRETRIAL PROCEDURE AND FORMULATING ISSUES (b) Pretrial Order. (1) Settlement Conference. The Court may order a settlement conference in any civil case. The parties or the attorneys who will be in charge of each party's case shall attend personally and shall be prepared to discuss in detail and in good faith the issues of fact and law remaining, the evidence pertaining to liability and damages and the respective positions of the parties on settlement. The attorneys shall be accompanied by their clients or representatives possessing authority to settle unless excused by the Judge. The proceedings of the settlement conference shall be privileged and not recorded. If a settlement is not reached, the settlement Judge shall not make any order or preside at that trial on the merits without consent of all parties. (2) Pretrial Conference. In all civil cases the Court may order a pretrial conference on its own motion or that of any party. The order for a pretrial conference should specify the duties of the parties prior to the conference, whether attendance by the parties is mandatory, the information to be submitted prior to the conference, and items to be discussed at the conference. (3) Scheduling Orders. If no agreed scheduling order is filed within sixty days after the trial date is assigned, the Court Administrator, under the supervision of the Court, may set a scheduling order for the case. The scheduling order should include dates for the disclosure of primary witnesses and rebuttal witnesses. Other provisions may be required on a case by case basis. This pretrial schedule may be amended in writing by the mutual agreement of the parties only upon approval of the Court. (i) Disclosure of Primary Witnesses. The date by which each party shall have disclosed all persons with relevant factual or expert knowledge whom the party intends to call at trial. (ii) Disclosure of Rebuttal Witnesses. The date by which each party shall have disclosed all persons whose knowledge did not appear relevant until the primary witnesses were disclosed and whom the party reserves the option to call as witnesses at trial. (iii) Scope of Disclosure. Disclosure of witnesses under this rule shall include the witnesses name, address, and phone number, along with a brief description of the witnesses relevant knowledge. Disclosure of expert witnesses shall also include a summary of the expert's opinions and the basis therefore and a brief description of the expert's qualifications. (iv) Exclusion of Testimony. Any person not disclosed in compliance with this rule and a scheduling order may not be called to testify at trial, unless the Court orders otherwise for good cause and subject to such conditions as justice requires. (v) Discovery not Limited. This rule does not modify a party's responsibility to seasonably supplement responses to discovery requests or otherwise to comply with discovery by the deadlines set by a scheduling order. Click here to view in a PDF. |
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