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Idaho Rules of Civil Procedure Rule 16(b). Final pre-trial procedure.

A final pre-trial conference shall be held at least thirty (30) days before trial and the court may direct the attorneys for the parties, or any party appearing without an attorney, to submit a pre-trial memorandum containing substantially the information enumerated in subsection ( 1) of this rule and to appear before it for a conference. At least one of the attorneys for each party participating in any final pre-trial conference shall have authority to enter into stipulations and to make admissions regarding all matters that the participants reasonably anticipate may be discussed.

 

(1) Subjects to be discussed. The participants at a pre-trial conference under this rule shall consider and may take action with respect to:

 

(A) the status of mediation;

 

(B) the formulation and simplification of the issues to be presented at trial, including the elimination of claims or defenses;

 

(C) the necessity or desirability of amendments to the pleadings pursuant to Rule 1 S(b );

 

(D) the possibility of obtaining admissions of fact and stipulations regarding the authenticity of documents which will avoid unnecessary proof, and advance rulings from the court on the admissibility of evidence;

 

(E) the avoidance of unnecessary proof and of cumulative evidence;

 

(F) the identification of witnesses and documents;

 

(G) the need and schedule for filing and exchanging pre-trial briefs, and the date or dates for further pretrial conferences, if needed;

 

(H) the disposition of pending motions;

 

(I) the need of an interpreter as provided in Idaho Court Administrative Rule 52 for any party or witness;

 

(J) the identification of issues related to proposed jury instructions and jury selection; and

 

(K) such other matters as may aid in the disposition of the matter.

 

(2) Stipulations. No later than three (3) days prior to the date set for the final pre-trial conference all parties to an action may file a written stipulation regarding any matter to be discussed at the conference.

 

(3) Order. The court shall enter a written pre-trial order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court shall promptly cause copies of the signed pre-trial order to be served on all parties or their attorneys of record in the action.

 

(4) Objections to Pre-trial Order. Any party to an action may file written objections to a pre-trial order within 14 days from date of service, which objections shall be heard prior to trial in the same manner as a motion under these rules.

 

(Adopted March 28, 1986, effective July 1, 1986; amended April 19, 1995, effective July 1, 1995amended March 17, 2006, effective July 1, 2006; repealed and replaced April 2, 2014, effective July 1, 2014.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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